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Michigan Supreme Court REJECTS Trump Ballot Ban and ACLJ Files Appeal to U.S. Supreme Court

By 

ACLJ.org

|
December 27, 2023

4 min read

Election Law

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In a huge victory for election integrity, the Michigan Supreme Court rightly rejected the far Left’s 14th Amendment attempt to ban President Trump from the ballot. Also, the ACLJ is filing a petition for certiorari today at the U.S. Supreme Court to overturn the Colorado Supreme Court’s immensely flawed decision to remove President Trump from the ballot.

Fox News reports on the Michigan Supreme Court ruling:

The Michigan Supreme Court has rejected an attempt to remove former President Trump from the state’s 2024 Republican primary ballot.

The decision comes after the Colorado Supreme Court last week disqualified Trump from appearing on that state’s ballots in 2024. The disqualification, which was made under the 14th Amendment of the U.S. Constitution, is related to the Capitol riot on Jan. 6, 2021.

“Significantly, Colorado’s election laws differ from Michigan’s laws in a material way that is directly relevant to why the appellants in this case are not entitled to the relief they seek concerning the presidential primary election in Michigan,” Justice Elizabeth Welch wrote Wednesday, explaining the court’s ruling.

We were victorious representing the Michigan GOP, along with 14 other GOPs, with an amicus brief at the court of appeals level. The Michigan Supreme Court made the correct decision, meaning the court of appeal’s ruling will stay in place. Unfortunately, the avalanche of other states considering removing Trump from ballots is still ongoing.

That’s why our appeal to the U.S. Supreme Court today is so vital. We must put an end to the Left’s attack on election integrity. If we lose the right to vote for the candidate of our choice, we lose our constitutional republic.

In our filing today, we make three primary arguments:

  1. “The President is not an officer of the United States covered within the disqualification provision of Section Three of the Fourteenth Amendment.”
  2. “Section Three of the Fourteenth Amendment is not a self-executing authority for state courts and litigants to use as a sword against presidential candidates.”
  3. “The Colorado Supreme Court’s decision violates the Colorado Republican Party’s First Amendment associational right to choose its own political candidates.”

Let me break down our legal arguments for you:

First, the President is part of the Executive Branch. He is not an officer of the United States. Rather, he oversees the appointment of officers, rendering the 14th Amendment argument invalid.

Second, the 14th Amendment is not self-executing. President Trump has never been charged with insurrection, so Section 3 of the 14th Amendment doesn’t apply to him.

Third, the Colorado state GOP has the constitutional right to nominate the frontrunner in the Republican primary. A state court denying that right is a blatant violation of the Constitution.

Tomorrow we are filing for an expedited review of this case. We need the U.S. Supreme Court to hear our case before the middle of January – when the state primary ballots will be printed. We must ensure that the American people’s candidates of choice are all on the ballot.

Folks, your right to vote is literally on the line. The radical Left’s 14th Amendment lawsuit isn’t just against President Trump. It’s against every American. Today it’s President Trump being banned, and then tomorrow it could be a different candidate being removed from an election.

We could be entering a dangerous world where due process doesn’t matter and state officials can unilaterally decide we can’t vote for certain candidates. The ACLJ is diligently fighting so the rule of law is upheld and the integrity of future elections is preserved.

We are literally fighting the most blatant form of election interference the country has ever seen. This legal battle requires immense resources. We need your help. If you donate to the ACLJ today, your Tax-Deductible gift is TRIPLED. Donate now to help preserve election integrity.

Today’s Sekulow broadcast provided a full analysis of the Michigan Supreme Court’s ruling and a full explanation of our filing at the U.S. Supreme Court. Former Secretary of State Mike Pompeo also joined our show to discuss the latest news in the Middle East.

Watch the full broadcast below:

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