Michigan judge rejects attempt to keep Trump off ballot

November 17, 2023

A group of Democratic went to court this year in an attempt to bar former President Donald Trump from Michigan's ballot.

Yet according to Detroit's WJBK, a state judge shut that effort down this week with a bombshell decision. 

Trump's detractors point to 14th Amendment's Insurrection Clause

At issue was whether or not Trump is barred from running for office again by the 14th Amendment's Insurrection Clause. It states,

No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

While Trump's detractors argued that the former president's conduct leading up to the January 6 riot on Capitol Hill amounted to an insurrection, Court of Claims Judge James Redford.

Redford concluded that he was precluded from kicking Trump off the Republican primary ballot as the former president had qualified to be on it under state law. What's more, he concluded that the issue of removing Trump falls to Congress.

Judge says case is "a political question"

"The judicial action of removing a candidate from the presidential ballot and prohibiting them from running essentially strips Congress of its ability to ‘by a vote of two-thirds of each House, remove such a disability,'" he wrote.

"The question of whether he is ineligible due to Section 3 of the 14th Amendment presents a political question that is nonjusticiable at the present time," Redford insisted.

"The question of whether Donald Trump is qualified or disqualified from appearing on the 2024 general election ballot in Michigan is not ripe for adjudication at this time," he added.

Poll shows Trump ahead in five of six swing states

Redford's ruling on the former president's eligibility to run came in the wake of several polls that show Trump ahead of President Joe Biden.

A recent survey commissioned by The New York Times and conducted by Siena College showed Trump beating Biden in five of six battleground states.

It found that Trump is ahead by four points in Pennsylvania, five points in Michigan, five points in Arizona, six points in Georgia, and a startling 10 points in Nevada. Meanwhile, it showed Biden as leading by just two points in Wisconsin.

The poll also showed the former president as being backed by 22% of black voters in the six battleground states, which would represent a massive political shift.

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