Justice Matters with Glenn Kirschner

Michigan Supreme Court Refuses to Hear Trump's 14th Amendment Case


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The Michigan Supreme Court has refused to review a case that sought to ban Donald Trump from having his name placed on the Republican primary ballot in Michigan. This ruling is unsurprising given the unique election laws and procedures in Michigan. If the Michigan Republican Party wants to place a name on its presidential primary ballot, it can put any name it likes, including someone who may otherwise be disqualified from holding public office. That may make little sense, but each state has the right to enact its own election laws and regulations, and Michigan has chose a . . . curious way to go about things. Notably, the Michigan Secretary of State has no legal authority to reject Trump's name even though he engaged in an insurrection. So the Michigan Supreme Court opted to not review the case, as it involved no violation of Michigan election laws. However, if Trump were to win the Republican nomination, the suit will be refiled and the court may then HAVE to review and resolve the case. Indeed, the attorney who brought the case on behalf of the Michigan voters has said he will refile the case if Trump ends up being the Republican nominee.

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