Current:Home > MyMichigan judge says Trump can stay on primary ballot, rejecting challenge under insurrection clause-LoTradeCoin
Michigan judge says Trump can stay on primary ballot, rejecting challenge under insurrection clause
View Date:2024-12-23 23:55:24
DETROIT (AP) — A Michigan judge ruled Tuesday that former President Donald Trump will remain on the state’s primary ballot, dealing a blow to the effort to stop Trump’s candidacy with a Civil War-era Constitutional clause.
It marks the second time in a week that a state court declined to remove Trump from a primary ballot under the insurrection provision of the 14th Amendment.
In Michigan, Court of Claims Judge James Redford rejected arguments that Trump’s role in the Jan. 6, 2021, attack on the U.S. Capitol meant the court had to declare him ineligible for the presidency. Redford wrote that, because Trump followed state law in qualifying for the primary ballot, he cannot remove the former president.
Additionally, he said it should be up to Congress to decide whether Trump is disqualified under the section of the U.S. Constitution that bars from office a person who “engaged in insurrection.”
Redford said deciding whether an event constituted “a rebellion or insurrection and whether or not someone participated in it” are questions best left to Congress and not “one single judicial officer.” A judge, he wrote, “cannot in any manner or form possibly embody the represented qualities of every citizen of the nation — as does the House of Representatives and the Senate.”
Free Speech For People, a liberal group that has brought 14th Amendment cases in a number of states, said it will immediately appeal the ruling to the Michigan Court of Appeals, but also asked the state supreme court to step in and take the case on an expedited basis.
“We are disappointed by the trial court’s decision, and we’re appealing it immediately,” said Ron Fein, Legal Director of Free Speech For People.
In a statement, Trump campaign spokesman Steven Cheung rattled off other losses in the long-shot effort to bar Trump from the ballot.
“Each and every one of these ridiculous cases have LOST because they are all un-Constitutional left-wing fantasies orchestrated by monied allies of the Biden campaign seeking to turn the election over to the courts and deny the American people the right to choose their next president,” Cheung said.
Left-learning groups have filed similar lawsuits in other states seeking to bar Trump from the ballot, portraying him as inciting the Jan. 6 attack, which was intended to stop Congress from certifying Joe Biden’s 2020 presidential election win.
The two-sentence clause in the 14th Amendment has been used only a handful of times since the years after the Civil War. It’s likely that one of the active cases eventually will be appealed to the U.S. Supreme Court, which has never ruled on the insurrection clause.
Last week, the Minnesota Supreme Court sidestepped the issue by ruling that Trump could stay on that state’s primary ballot because the election is a party-run contest during which constitutional eligibility isn’t an issue. It left the door open to another lawsuit to keep Trump off the state’s general election ballot.
A Colorado judge is expected to rule on a similar lawsuit there by Friday. Closing arguments in that case are scheduled for Wednesday.
___
Riccardi reported from Denver.
veryGood! (192)
Related
- New York nursing home operator accused of neglect settles with state for $45M
- Catch and Don't Release Jennifer Garner and Boyfriend John Miller's Rare Outing in Los Angeles
- Planning for potential presidential transition underway as Biden administration kicks it off
- A parent's guide to 'Challengers': Is Zendaya's new movie appropriate for tweens or teens?
- Diddy's ex-bodyguard sues rape accuser for defamation over claims of 2001 assault
- An emergency slide falls off a Delta Air Lines plane, forcing pilots to return to JFK in New York
- Paramedic sentencing in Elijah McClain’s death caps trials that led to 3 convictions
- EQT Says Fracked Gas Is a Climate Solution, but Scientists Call That Deceptive Greenwashing
- Wildfires burn from coast-to-coast; red flag warnings issued for Northeast
- Watch as volunteers rescue Ruby the cow after she got stuck in Oregon mud for over a day
Ranking
- When does 'Dune: Prophecy' come out? Release date, cast, where to watch prequel series
- Panthers owner David Tepper pays visit to bar with sign teasing his NFL draft strategy
- Caleb Williams breaks Caitlin Clark's record for draft night merchandise sales
- Authorities search for tech executives' teen child in California; no foul play suspected
- Texas’ 90,000 DACA recipients can sign up for Affordable Care Act coverage — for now
- John Legend and Chrissy Teigen Reveal Their Parenting Advice While Raising 4 Kids
- Some urge boycott of Wyoming as rural angst over wolves clashes with cruel scenes of one in a bar
- Execution date set for Alabama man convicted of killing driver who stopped at ATM
Recommendation
-
Dallas Long, who won 2 Olympic medals while dominating the shot put in the 1960s, has died at 84
-
Reese Witherspoon & Daughter Ava Phillippe Prove It’s Not Hard to See the Resemblance in New Twinning Pic
-
An emergency slide falls off a Delta Air Lines plane, forcing pilots to return to JFK in New York
-
American arrested in Turks and Caicos after ammo found in luggage out on bail, faces June court date
-
Conviction and 7-year sentence for Alex Murdaugh’s banker overturned in appeal of juror’s dismissal
-
Don't blame Falcons just yet for NFL draft bombshell pick of QB Michael Penix Jr.
-
Today's FCC's net neutrality vote affects your internet speed. We explain
-
Lakers' 11th loss in a row to Nuggets leaves them on brink of playoff elimination