The Michigan Supreme Court ruled Wednesday that former President Donald Trump can stay on the 2024 primary ballot, joining six other states in bucking liberal attempts to keep his name out of the running.
The move comes after Colorado’s highest court last week said Mr. Trump couldn’t appear on the state’s ballot, setting up the sort of split in rulings that the U.S. Supreme Court finds attractive when reviewing cases.
Colorado’s court said Section 3 of the 14th Amendment, which bars anyone who participated in an insurrection from holding office, applies to Mr. Trump due to his efforts to contest the certification of the 2020 election on Jan. 6, 2021.
“Colorado remains an outlier among state courts,” said Jonathan Turley, a law professor at George Washington University. “Even on that court, three democratically appointed justices refused to sign off on the opinion. The Michigan ruling joins a growing list of courts that have rejected the disqualification challenges.”
Josh Blackman, a professor at South Texas College of Law, said the Michigan ruling was narrow and on different legal reasoning than the Colorado case, but it showed that “other courts are hesitant to boot Trump from the ballot.”
In Wednesday’s order, the Michigan justices in a 6-1 move said they wouldn’t take up the dispute on appeal “because we are not persuaded that the questions presented should be reviewed by this court.”
Justice Elizabeth M. Welch, a Democrat, dissented, reasoning that the question is of high importance and the state’s Supreme Court should have issued a decision on the merits. She noted that the Colorado ruling was different since it has a state law requirement that a candidate attest he or she is qualified to be on the ballot.
Lower courts in Michigan had ruled that it’s up to the political parties — not the state — as to which candidate they put on the ballot, reasoning the issue of keeping Mr. Trump off the general election ballot was not yet ripe for review.
Mr. Trump celebrated the Michigan victory on Truth Social, saying the state’s highest court “strongly and rightfully denied the Desperate Democrat attempt to take the leading Candidate in the 2024 Presidential Election, me, off the ballot.”
He added, “This pathetic gambit to rig the Election has failed all across the Country, including in States that have historically leaned heavily toward the Democrats.”
The Minnesota Supreme Court also dismissed a case last month, saying it couldn’t prevent the state party from putting Mr. Trump‘s name on its ballot. It left the general election issue for a later date, noting advocates can renew their challenge.
Several other states have also moved to keep Mr. Trump on the ballot despite challenges, including Rhode Island, West Virginia, Florida and Arizona. As for New Hampshire, he’s on the ballot for the Jan. 23 primary despite critics claiming he’s unqualified.
Mr. Trump‘s legal team is expected to appeal the Colorado decision to the U.S. Supreme Court, and legal experts say the justices are likely to take up the matter.
“I hope that the Supreme Court will show the same clarity as virtually all courts but one by hoping they will rule unanimously so that the court as an institution can speak as one voice,” said Mr. Turley.
He added, “There are few instances in history where speaking with one voice was this important. The court has an opportunity to show the public that it can overcome its own ideological divisions by supporting basic democratic principles.”
Though Mr. Trump is facing several indictments, he has not been charged or convicted of leading an insurrection at the Capitol by his supporters.
• Alex Swoyer can be reached at aswoyer@washingtontimes.com.