A liberal-leaning group had rejected a state appeals court ruling that concluded, regardless of whether the 14th Amendment disqualifies Trump from holding office, Michigan’s secretary of state lacks legal authority to remove him from the ballot.
The state’s Democratic-controlled Supreme Court upheld that lower ruling, saying in an unsigned order that it was “not persuaded that the issues presented should be reviewed by this Court.”
Of course, the decision represents a legal victory for the former Republican president (2017-2021), whose lawyers intend to avoid lawsuits under the umbrella of the 14th Amendment filed throughout the country and that try to prevent their client’s return to the White House. .
The amendment prohibits someone from holding any office in the United States if he participated in an insurrection after taking the constitutional oath as an official.
Ratified after the Civil War (1861-1865), the provision was originally used to prevent Confederates from returning to federal office.
Trump, accused of instigating the assault on the federal Capitol on January 6, 2021, could be disqualified from returning to office if he applied the amendment.
But there are many questions about, among other things, whether the clause applies to the presidency and whether courts have the authority to disqualify candidates.
Trump’s legal team successfully defended cases filed in places like Minnesota, where the state’s high court similarly dismissed a 14th Amendment challenge last month.
However, in Colorado, the previous week the state Supreme Court was the first to use the extraordinary measure and ordered that Trump’s name be left off the ballot, although the verdict is temporarily suspended until January 4.
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