Michigan’s Supreme Court said on Wednesday it was not persuaded to take up an appeal to have Trump disqualified from Michigan’s primary ballot under the Insurrection Clause.
While the seven-member court was “not persuaded that the questions presented should be reviewed,” Justice Elizabeth Welch, one of four Democratic-nominated justices wrote in a dissent that it was still important that the court weigh in on Trump’s eligibility.
Welch wrote that she would have upheld the Court of Appeals ruling that found Secretary of State Jocelyn Benson is not required to determine the eligibility of a presidential primary candidate since those names are put forward by the political parties in compliance with state law.
Such a ruling, Welch said, would still allow “appellants to renew their legal efforts as to the Michigan general election later in 2024 should Trump become the Republican nominee for president of the United States or seek such office as an independent candidate.”
Plaintiffs challenging Trump’s eligibility say the parties nominating candidates are state actors bound by the U.S. Constitution which would bar Trump based on the Insurrection Clause, but Welch also questioned the Secretary of State’s limited role in deciding candidates on the ballot.
“While there may be some merit to the argument that political parties are limited purpose state actors who must comply with the United States Constitution when submitting candidate names as part of the presidential primary process, no political party is a party to this litigation,” Welch wrote.
Michigan Secretary of State Jocelyn Benson weighs in: