In a decisive move, the liberal advocacy group Free Speech For the People has appealed to the Michigan Supreme Court following a recent ruling that allowed former President Donald Trump to remain on the ballot. This appeal intensifies the ongoing legal battle over whether Trump, accused of engaging in insurrection, is eligible for a return to the presidency.
Last week, the state court of appeals asserted that the Republican Party has the prerogative to include any candidate in its presidential primary, irrespective of their qualification for the office. Free Speech For the People contests this ruling, emphasizing the constitutional clause that prohibits individuals who “engaged in insurrection” from holding office.
This legal maneuver sets the stage for another high-stakes showdown at the state supreme court level. Notably, the Minnesota Supreme Court previously ruled in favor of Trump, maintaining his position on the ballot. The court affirmed that candidates cannot be struck from the primary ballot, leaving room for challenges in the general election. Meanwhile, the Colorado Supreme Court is poised to rule on an appeal regarding Trump’s alleged involvement in the January 6, 2021, attack on the U.S. Capitol. The court will determine whether Section 3 of the 14th Amendment, which bans insurrectionists from holding office, applies to the presidency.
The culmination of these state-level cases may ultimately lead to a landmark decision at the U.S. Supreme Court, which has yet to adjudicate on Section 3. Historically, this provision was added to the Constitution after the Civil War to prevent former Confederates from returning to government positions.
Throughout the year, numerous lawsuits have been initiated with the aim of disqualifying Trump from the presidential race. To date, none have achieved success. The legal saga continues as Free Speech For the People persists in its efforts to challenge the eligibility of the former President, underscoring the complexity and significance of this constitutional debate.