- The Washington Times - Wednesday, December 6, 2023

The Michigan Supreme Court refused Wednesday to step in and fast-track an appeal over a ruling in favor of former President Trump that keeps him on the 2024 ballot.

Instead, the state’s highest court said in an order that an appeals court must hear the case, brought by voters opposing the former president, before the justices will weigh in.

Justice Elizabeth M. Welch disagreed with the court’s decision, writing separately to say the question about whether a candidate can be on the ballot is of “monumental importance for our system of democratic governance.”

“The deadline for printing ballots for Michigan’s 2024 primary election is fast approaching, and there is reasonable uncertainty about the ripeness, justiciability, and merits of the plaintiffs’ claims,” she wrote.

Last month, a Michigan judge ruled in Mr. Trump’s favor to keep his name on the ballot.

It was one of a series of wins for Mr. Trump in several insurrection clause cases that have sought to boot him from ballots in several states by citing Section 3 of the 14th Amendment, which forbids anyone who led a rebellion from serving in public office.

Courts in Minnesota, Rhode Island, Florida, Arizona and Colorado have moved to keep Mr. Trump on the ballot, as has the state of New Hampshire, despite critics claiming Mr. Trump is disqualified.

The Colorado Supreme Court was weighing the issue on Wednesday, taking up an appeal from a liberal advocacy group that also points to the insurrection clause to deny Mr. Trump’s name from appearing. A lower court judge sided with Mr. Trump last month to keep his name on the Colorado primary ballot.

Though Mr. Trump is facing several indictments, he has not been charged or convicted of leading an insurrection during the attack on the U.S. Capitol by Trump supporters.

Those hoping to remove Mr. Trump from state ballots point to the Constitution’s clause, which reads: “No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”

• Alex Swoyer can be reached at aswoyer@washingtontimes.com.

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