On Wednesday, the Michigan Supreme Court rejected a request to exclude former US President Donald Trump from the list of candidates for the presidential elections scheduled for next year due to his role in the Capitol events in 2021.
This is a new effort as part of attempts aimed at preventing Trump’s name from being included on election ballots in a number of states in accordance with the Fourteenth Amendment to the Constitution, which prevents any person who has previously sworn allegiance to the Constitution of the United States from holding any elected office if he “engages in rebellion.”
But the Michigan Supreme Court said in a brief decision that it was “not persuaded that the questions raised should be considered by this court” ahead of Michigan’s Feb. 27 primary.
The decision contradicts a recent decision issued by the Colorado Supreme Court, which ruled that Trump was ineligible to run in the Republican Party’s presidential primary elections, against the backdrop of the Capitol events that he is accused of inciting.
Trump welcomed the Michigan court’s decision, denouncing a “miserable attempt by the Democrats” to obstruct his bid to win another term in the White House.
“This miserable maneuver to rig the election has failed across the country, including in states that have historically leaned heavily toward the Democrats,” he wrote on his social media platform, Truth Social.
The Colorado Supreme Court froze its “shocking” decision until January 4, pending the appeal submitted by Trump’s team of lawyers before the US Supreme Court, as Agence France-Presse reported.
Submitting the Colorado case for review would put the nation’s Supreme Court at the heart of the presidential election, as any decision it makes on Trump’s involvement in an insurrection or on his eligibility could be binding on lower courts across the country.
The case against Trump in Michigan was brought by the democracy advocacy group Free Speech for People, whose 14th Amendment challenge was rejected in Minnesota. A complaint was also filed in Oregon.
Lawyer Mark Brewer, who joined the group in the lawsuit, said in a statement, “The court’s decision is disappointing, but we will continue at a later stage to seek to support this important constitutional provision aimed at protecting our republic.”
He added, “Trump led a disobedience and rebellion against the Constitution when he tried to overturn the result of the 2020 presidential election, and he is excluded from seeking or holding public office again.”
The lower courts in Michigan dismissed the case on procedural grounds early in the trial, a decision that was upheld on appeal, meaning that the issue of Trump’s involvement in the insurrection was not considered.
Elizabeth Welch, one of four judges nominated by Democrats on the seven-judge panel, said Colorado’s law differs from Michigan’s because candidates are supposed to be “qualified” to run.
“The applicants have not identified any similar provision in the Michigan Election Code that would require a person seeking the office of President of the United States to attest to his or her legal qualifications to hold that office,” Welch wrote.
Trump (77 years old) is scheduled to appear before the judiciary in Washington in March on charges of colluding to overturn the election results won by Democrat Joe Biden.
Trump faces other charges related to the elections in Georgia, and impeachment proceedings were launched against him in Florida on charges of mishandling confidential documents after he left the White House.