The Michigan Supreme Court declined on Wednesday to hear an appeal of a lower court’s ruling that allowed former President Donald Trump to stay on the state’s presidential primary ballot.
The state’s highest court ruled that Trump’s ballot eligibility needs to be heard by the court of appeals before going to the Supreme Court. The ruling came after a lower court ruled the Republican front-runner could stay on the ballot.
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In the filing, the Supreme Court wrote that it was not convinced that “questions presented should be reviewed by this Court before consideration by the Court of Appeals,” according to the Associated Press.
Free Speech for People, comprising Michigan activists, sought an “immediate and expedited consideration” from the Supreme Court in mid-November, asking to send the case back to the Court of Claims to conduct an evidentiary hearing. The effort came after a Michigan judge ruled against groups trying to keep Trump off the ballot arguing that Section 3 of the 14th Amendment in the Constitution prevents him from holding office because he engaged in an insurrection on Jan. 6, 2021, at the Capitol.
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“It takes the decision of whether there was a rebellion of insurrection and whether or not someone participated in it from the Congress, a body made up of elected representatives of the people of every state in the nation, and gives it to but one single judicial officer,” Judge James Robert Redford wrote in his opinion on Nov. 14.
Michigan is one of several legal challenges to Trump’s candidacy as some states are trying to use the Constitution’s 14th Amendment’s insurrectionist clause to keep him off the Republican ballot. The Colorado Supreme Court is hearing the matter on Wednesday, and the Minnesota Supreme Court dismissed a lawsuit on Nov. 8. A New Hampshire court of appeals affirmed a lower court’s decision in dismissing a similar case at the start of the month.
