The Michigan Court of Appeals decided Thursday that former President Trump can remain on the state’s 2024 Republican primary ballot, blocking a series of challenges to his candidacy related to the Jan. 6, 2021, Capitol attack.
The appeals court upheld two lower court decisions without deciding whether Trump should be disqualified under the 14th Amendment, which bars those who previously took an oath to uphold the Constitution but later “engaged in insurrection” from holding office again.
The court determined that the former president’s spot on the general election ballot was not ripe for consideration.
“It would be improper to decide whether to grant a declaration that Trump is disqualified from holding the office of President of the United States at this time,” the 3-0 opinion reads. “At the moment, the only event about to occur is the presidential primary election.”
Regarding his spot on Michigan’s primary ballot, the secretary of state has “no discretion” to decide not to place him — or any other candidate identified as a primary candidate by a state political party — on the ballot.
The 14th Amendment’s “insurrection clause” originated after the Civil War in an effort to keep Confederate-supporting politicians out of office unless given amnesty by Congress. It’s rarely been used since then.
Multiple challenges to Trump’s 2024 candidacy have been filed in numerous states, including Colorado and Minnesota. None have blocked him from the ballot yet.
Last month, a Colorado judge rejected an effort to bar Trump from the state’s primary ballot, deciding that the 14th Amendment’s wording does not specifically apply to the office of the president. The court did, however, find that Trump “incited” the Capitol riot and could be disqualified under the insurrection clause if it did apply to the president.
“In addition to his consistent endorsement of political violence, Trump undertook efforts to undermine the legitimacy of the 2020 presidential election well in advance of the election, making accusations of widespread corruption, voter fraud, and election rigging,” Judge Sarah Wallace ruled.
The Minnesota Supreme Court’s decision on the matter was similar to the Michigan ruling. It said Trump could remain on the primary ballot there because the election is a party-run contest.
At least one of those cases will likely be appealed to the U.S. Supreme Court, which could then rule on the insurrection clause for the first time.
The Associated Press contributed.