The Michigan Court of Appeals has affirmed that former President Donald Trump cannot be disqualified from the Republican primary ballot under the 14th Amendment’s insurrection clause. The verdict, delivered on Friday, December 15, 2023, follows a series of lawsuits by Michigan voters, challenging Trump’s candidacy based on his alleged role in inciting the violent attack on the U.S. Capitol on January 6, 2021.
Insurrection Clause Challenges
The insurrection clause, articulated in Section 3 of the 14th Amendment, prohibits individuals who have engaged in insurrection or rebellion against the United States from holding any office under the country. Despite legal challenges, the Court of Appeals upheld the decisions of lower courts, stating that there was no potential error to correct at this stage of the election process.
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Court’s Affirmation
The court clarified that the Wayne County Election Commission lacked the authority to independently determine Trump’s disqualification under the insurrection clause and subsequently withhold authorization for including him as a candidate on the ballots. Similarly, the court emphasized that Secretary of State Jocelyn Benson, a Democrat, had minimal discretion in deciding which Republican candidates appear on ballots for internal party elections.
According to the court, the Secretary of State is bound to follow the directives of political parties and candidates, placing on the presidential ballot individuals identified by the parties unless a candidate files an affidavit stating otherwise. The ruling explicitly stated, “Nothing in this framework exhibits any decision-making to be had, at least by the Secretary of State.”
Postponing Insurrection Clause Determinations
Importantly, the court deemed it unnecessary to make determinations regarding whether Trump engaged in insurrection or is disqualified from holding the presidency under the 14th Amendment, at least at this time. Citing a precedent set by the Minnesota Supreme Court in November, the Michigan Court of Appeals highlighted that there was “no error to correct” regarding the presidential nomination primary.
Electoral College and Congress to Decide
The court refrained from making a determination on whether Trump is disqualified from the presidency, emphasizing that such decisions fall within the purview of the Electoral College and Congress. It echoed a similar sentiment expressed by the Minnesota Supreme Court, leaving the possibility open for potential disqualification during the general election.
Implications for Michigan Primary
With the court’s ruling, Trump will maintain his presence on the Republican primary ballot in Michigan. Notably, Michigan holds significance for Trump, having secured a victory in 2016 but facing defeat in 2020. The Michigan primary is slated for March 14, 2024, along with several other states, leading up to the Republican National Convention in July 2024, where the official party nominee will be selected. Trump’s triumph in the legal battle sets the stage for a closely watched primary and adds intrigue to the larger political landscape as the 2024 elections approach.
