The Supreme Court of Michigan, a key state for the 2024 presidential elections, rejected this Wednesday attempts to prevent Donald Trump from appearing on the electoral ballots next November. The plaintiffs sought to have the third clause of the Fourteenth Amendment of the US Constitution applied to the former president, which prevents anyone who has participated in an “insurrection or rebellion” from running for public office. The order of the Supreme which does not incorporate argument, does not go into whether what Trump did to provoke the attack on the Capitol on January 6, 2021 can be defined like this, and is limited to saying: “We are not convinced that the issues presented should be reviewed by this court ”.
The decision contrasts with the one taken last week by the Colorado Supreme Court, which prohibited Trump from appearing in that State. It came out ahead with four votes in favor and three against, and the theory was accepted as good. legal entity that considers that his actions, after losing the November 2020 elections, were sufficient, under the Fourteenth Amendment, to disqualify him as a candidate. The application of that resolution was suspended until January 4, one day before the deadline for the Colorado Secretary of State to decide which names to include on the ballots. Trump's lawyers immediately announced that they would appeal the order before the Washington Supreme Court, made up of six conservative and three liberal judges. Three of those nine justices were appointed during Trump's time in the White House. Everything indicates that they will accept the case, and that his decision will have an enormous legal, political and social impact in the electoral year that is about to begin.
To be president, it is mandatory to be a US citizen, to be over 35 years old and to have resided in the country for the last 14. The Constitution does not expressly prohibit it from being investigated for a federal crime (not even if, as in the case of Trump faces 91 charges, in four different cases). He also would not be eliminated from the race if he is found guilty or even if he ends up in jail.
Approved in 1868, the Fourteenth is one of the most influential amendments in the history of North American democracy, as it served to grant citizenship to every person “born or naturalized in the United States,” including those who had been enslaved, and to guarantee equality. of all citizens before the law. The third section was designed to prevent the recurrence of the Confederate rebels, defeated in the Civil War (1861-1865). It has been applied on rare occasions; only two since 1919.
Dissenting opinion
The Michigan judges, with a Democratic majority, consider that there is nothing in the Midwest State's Election Law that prevents Trump from running. The ruling comes unsigned and the result of the judges' votes has not been announced. Be that as it may, he agrees with the decision of the lower court, which said that it was not up to the Michigan judicial system to decide on Trump's suitability to return to the White House.
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The Michigan legal text incorporates a dissenting opinion, signed by Judge Elizabeth Welch, in which she compares the case at hand with that of Colorado, and says that the “election laws [de ambos Estados] differ (…) [de manera] relevant to explaining why the plaintiffs are wrong in the Michigan presidential primary case.”
After the resolution was known, Trump celebrated it on his social network, Truth, where he once again gave rise to false theories that Joe Biden unfairly won the last presidential elections. “The Michigan Supreme Court has forcefully and rightfully denied the attempt by desperate Democrats to remove the leading candidate in the 2024 presidential election – me – from the ballot in the great State of Michigan,” wrote the former president, who leads with all polls of voting intention for the Republican nomination are clear. “This pathetic election-rigging tactic has failed across the country, even in states that have historically leaned Democratic. Colorado is the only state that has fallen victim to the scheme. That decision (…) is being ridiculed and mocked around the world. We have to prevent the 2024 elections from being rigged and stolen like the 2020 elections were stolen; Just look at the complete mess we have as a result with corrupt Joe Biden, violently destroying everything within his reach, from our once great economy to our judicial system. We have to save our country from decline and the radical left. Let's make America great again!”
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