The American Democracy Minute Radio Report & Podcast for Dec. 29, 2023
Today’s Script
(Variations occur with audio due to editing for time. Today’s Links below the script)
You’re listening to the American Democracy Minute, keeping YOUR government by and for the people.
The Michigan Supreme Court decided December 27th not to hear an appeal, keeping Donald Trump on Michigan’s primary ballot. But unlike Colorado’s recent decision, it didn’t consider the U.S. Constitution’s Fourteenth Amendment.
Earlier in the month, the Michigan Court of Appeals ruled that former President Donald Trump must stay on the primary ballot, because by Michigan law, primaries are a political party function and the Secretary of State has no power to remove a candidate. The Michigan Supreme Court agreed, but refused to take a position on whether Trump is a qualified candidate under the Fourteenth Amendment Section 3.
Justice Elizabeth Welch dissented, agreeing with the lower court’s interpretation of the Secretary of State’s powers, but arguing the court should have also heard the qualification merits. Justice Welch also pointed out that Colorado’s election code says party-submitted candidates for a PRIMARY ballot MUST be qualified which Michigan’s does not.
Since the ruling applies only to the PRIMARY, plaintiff Free Speech for People said that it may consider another case if Trump advances.
The state-specific Michigan decision is unlikely to affect the many other pending cases. Lawfare is tracking Trump qualification cases in 14 states, and as of Dec. 27th, an appeal of the Colorado decision in the U.S. Supreme Court.
Find much more and the groups taking action at AmericanDemocracyMinute.org. I’m Brian Beihl.
Today’s Links
Articles & Resources:
Democracy Docket – How the 14th Amendment Could Disqualify Trump and His Allies
Democracy Docket – Michigan Court of Appeals Allows Trump To Remain on State’s Primary Ballot
Michigan Supreme Court – Order in LaBrant v. MI Secretary of State
Associated Press – Michigan Supreme Court will keep Trump on 2024 primary ballot
NPR – What’s next after Colorado? Here’s where other challenges to Trump’s candidacy stand
Lawfare – Trump Disqualification Challenges by State
Reuters – Republicans appeal Trump Colorado ballot disqualification to US Supreme Court – attorney
Groups Taking Action:
Free Speech for People, Citizens for Responsibility and Ethics in Washington (CREW), Mi Familia Vota
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