A recent development reported by Conservative Brief on November 15, 2023, a Michigan state judge has dismissed a lawsuit attempting to block former President Donald Trump from the 2024 ballot using a 14th Amendment provision. Judge James Redford ruled that Trump, having followed state law to qualify for the primary ballot, cannot be disqualified despite allegations related to the January 6, 2021, Capitol attack.
This marks the second ruling within a week rejecting attempts to exclude Trump from ballots under the 14th Amendment’s insurrection provision. Judge Redford emphasized that determining Trump’s eligibility under the amendment is a matter for Congress, not a singular judicial officer. Redford stated that deciding whether an event constitutes a rebellion or insurrection should be left to the legislative branch.
Despite this decision, liberal organization Free Speech For People, known for litigating 14th Amendment cases, plans to challenge the ruling in the Michigan Court of Appeals. Ron Fein, the legal director of the organization, expressed dissatisfaction with the trial court’s decision and promptly announced an appeal.
Spokesperson for the Trump campaign, Steven Cheung, dismissed the legal challenges as un-Constitutional left-wing fantasies and highlighted prior unsuccessful efforts to keep Trump off the ballot under the same provision.
Various left-leaning groups have filed lawsuits in multiple states, arguing that Trump’s alleged role in inciting the January 6 attack should disqualify him from the ballot. The 14th Amendment’s infrequently used provision bars individuals who engaged in insurrection or rebellion against the United States from holding elected office.
The legal battle is unfolding on a national scale, with similar cases emerging in states like Minnesota and Colorado. A recent ruling in Minnesota allowed Trump to stay on the ballot, while a case in Colorado is awaiting a decision. The lawsuits invoke the 14th Amendment, with arguments revolving around whether eligibility matters should be determined by Congress or the courts.
As the legal saga continues, it remains to be seen if any of these cases will ultimately reach the U.S. Supreme Court, which has yet to rule on the 14th Amendment’s insurrection clause.
