Michigan Supreme Court rejects ‘insurrectionist ban’ case and keeps Trump on 2024 primary ballot

The Michigan Supreme Court has rejected an attempt to remove former President Donald Trump from the 2024 ballot based on the U.S. Constitution’s 'insurrectionist ban.'

The Michigan Supreme Court has rejected an attempt to remove former President Donald Trump from the 2024 ballot based on the U.S. Constitution’s “insurrectionist ban.”

The outcome contrasts with the recent ruling from the Colorado Supreme Court, which kicked Trump off its primary ballot because of his role in the January 6 Capitol riot.

With these dueling decisions, the expected appeals to the U.S. Supreme Court become even more critical, especially as the nation races toward the start of the 2024 primaries. Unlike in Colorado, the Michigan lawsuit never reached a trial and was dismissed early on in the process. An intermediate appeals court upheld the decision to toss the case.

The Michigan Court of Claims judge who first got the case said state law doesn’t give election officials any leeway to police the eligibility of presidential primary candidates. He also said the case raised a political question that shouldn’t be decided in the courts.

His decision was upheld by the Michigan Court of Appeals, which said: “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.”

The order from the Michigan Supreme Court was unsigned, and the court did not release a vote count.

Unlike in Colorado, the Michigan courts rejected the case wholly on procedural grounds. They never reached the questions of whether January 6 was an insurrection and whether Trump engaged in it.