The Michigan Supreme Court on Wednesday declined to hear an appeal of a case aiming to remove former President Donald Trump from the state’s primary ballot based on the U.S. Constitution’s insurrectionist ban.
The rejection came in a brief order issued Wednesday. Justices said they were “not persuaded that the questions presented should be reviewed by this Court.”
A lower court found that under state law, election officials don’t have leeway to determine the eligibility of presidential primary candidates, CNN reported. In November, Michigan Court of Claims Judge James Robert Redford ruled that disqualifying a candidate from the ballot based on the 14th Amendment “was a political issue, not one for the courts,” according to The New York Times.
[ Read the order from the Michigan Supreme Court ]
In a dissent, Justice Elizabeth Welch argued Wednesday that it is important for the Michigan Supreme Court to weigh in on Trump’s eligibility, writing that she would have upheld the Court of Appeals ruling that found that the secretary of state is not required to confirm the eligibility of a presidential primary candidate, The Detroit News reported.
Such a ruling “still allows appellants to renew their legal efforts as to the Michigan general election later in 2024 should Trump become the Republican nominee for President of the United States or seek such office as an independent candidate,” she wrote.
[ Colorado Supreme Court: Trump barred from state ballot under insurrection clause ]
The decision followed a ruling last week from the Colorado Supreme Court that barred Trump from that state’s presidential primary based on the 14th Amendment’s insurrectionist ban.
The Trump campaign has signaled it plans to appeal that ruling, queuing up an expected review by the U.S. Supreme Court.
Trump is the front-runner for the 2024 GOP presidential nomination, though his candidacy has been challenged in several states.