Michigan Court Keeps Trump On 2024 Ballot—Won’t Hear 14th Amendment Argument Colorado Used To Drop Him - Forbes

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Topline

Michigan’s Supreme Court on Wednesday refused to take up an appeal seeking to bar former President Donald Trump from the state’s 2024 primary ballot, upholding a previous state judge’s decision even after Colorado’s Supreme Court ruled in a momentous decision last week to bar Trump from the state’s ballot, a case almost certain to be decided at the Supreme Court

Key Facts

A Michigan state judge had ruled last month the former president and 2024 GOP frontrunner can remain on the ballot, arguing Trump had followed state law in entering the presidential race and leaving it to Congress to decide whether he is eligible to serve as president.

A state appeals court also sided with Trump this month, rejecting an appeal from watchdog group Free Speech For People, with the court arguing “the only purported basis for removing Trump from the presidential primary ballot would not be a sufficient basis for removal of Trump’s name from that ballot.”

In its order Wednesday morning, the state’s supreme court said it was “not persuaded that the questions presented should be reviewed by this court.”

While the Constitution specifies the requirements for a presidential candidate to be at least 35 years old and U.S. born, a provision in the 14th Amendment—passed in the aftermath of the Civil War—has been used to challenge Trump’s eligibility in the fallout of the January 6 Capitol insurrection.

That provision states no person can “hold any [state or federal] office” if they have taken an oath of office and “engaged in insurrection or rebellion” against the U.S. government.

What To Watch For

The Colorado ruling keeping Trump’s name from the ballot does not take effect until Jan. 4, giving Trump’s legal team just over a week to appeal the decision to the Supreme Court, a widely expected appeal. Trump’s campaign spokesperson Steven Cheung blasted that ruling as “completely flawed” after the decision was issued last week, saying Trump will “swiftly file an appeal.” Colorado’s primary is scheduled for March 5.

Crucial Quote

Trump lauded the Michigan Supreme Court in a Truth Social post Wednesday morning for having “strongly and rightfully denied the Desperate Democrat attempt” to remove Trump from the ballot. Trump also doubled down on his criticism of the Colorado decision, saying “Colorado is the only State to have fallen prey to the scheme,” while arguing the Colorado decision “is being ridiculed and mocked all over the World.”

Tangent

Despite Trump’s legal challenges, including four indictments since he launched his reelection campaign late last year, Trump has remained far and away the GOP frontrunner well into the 2024 campaign cycle. As of Tuesday, Trump leads the dwindling pack of primary challengers with the support of 61.2% of likely Republican voters, over Florida Gov. Ron DeSantis’ 11.7% and former South Carolina Gov. Nikki Haley’s 11%, according to FiveThirtyEight’s weighted polling average.