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The Michigan Appeals Court ruled in favor of allowing former President Donald J. Trump to remain on the 2024 presidential primary ballot. The ruling follows legal challenges brought forth by plaintiffs who questioned Trump’s eligibility under the Insurrection Clause of the Fourteenth Amendment.
The Gateway Pundit previously reported that a Michigan judge dismissed a challenge aimed at preventing former President Donald Trump from appearing on the state’s ballot for the 2024 presidential election.
“The Fourteenth Amendment arguments of plaintiffs present a political question that is nonjusticiable at the present time,” Judge James Robert Redford noted in his ruling.
Judge Redford also tated that under Michigan law, Democrat Secretary of State Jocelyn Benson lacks the authority to interfere in a primary election if a political party opts to list a candidate who may not qualify for the office.
“The ultimate decision is made by the respective political party, with the consent of the listed candidate,” the judge said.
Ron Fein, the attorney for the petitioners and legal director of Free Speech For People, expressed his intention to appeal the decision.
“While our appeal is pending, the trial court’s decision isn’t binding on any other court, and we continue our current and planned legal actions in other states to enforce Section 3 of the Fourteenth Amendment against Donald Trump,” Fein said.
On Thursday, Michigan’s Court of Appeals decided that the Wayne County Election Commission and the Secretary of State do not have the authority to investigate a presidential candidate’s potential disqualification under this clause.
The decision highlights the strictly administrative role of election officials in Michigan and the limited scope of their authority in determining candidates’ eligibility for primary ballots.
“As explained, whether Trump is disqualified is irrelevant to his placement on that particular ballot,” according to the court ruling. “Thus, with respect to the presidential primary election, there is no actual controversy, as 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. Beyond that point in time, the request for a declaration that Trump is disqualified is not ripe.”
ABC News reported:
The Michigan court upheld two lower courts’ rulings by rejecting an appeal filed by the watchdog group Free Speech For People on behalf of a group of Michigan voters.
The court said in a 3-0 opinion that the plaintiff’s challenge was not “ripe” on procedural grounds and did not specifically rule on whether Trump fell under the disqualification clause.
“As the Court of Claims recognized, it would be improper to decide whether to grant a declaration that Trump is disqualified from holding the office of President of the United States at this time,” the court wrote.
“At the moment, the only event about to occur is the presidential primary election. But as explained, whether Trump is disqualified is irrelevant to his placement on that particular ballot. Thus, with respect to the presidential primary election, there is no actual controversy, as 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,” the court said.
“With the Michigan Court of Appeals’ affirmation of the Trump campaign’s victories in the lower court, the Soros-funded Democrats have once again failed in their desperate attempt to interfere in the election via a bad-faith interpretation of the 14th Amendment. President Trump remains undefeated against these frivolous legal claims and has never been in a stronger position to win next year’s election,” Trump’s campaign spokesperson, Steven Cheung, said in a statement.
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