A Michigan Court of Claims judge ruled Tuesday that former President Donald Trump can appear on the state’s primary ballot next year.
Plaintiffs in the case argued that Trump’s actions surrounding the January 6, 2021 attack on the U.S. Capitol amount to an attempted insurrection, or rebellion, that disqualifies him under Section 3 of the 14th Amendment to the U.S. Constitution.
Court of Claims Judge James Redford rejected that argument, stating that because Trump followed state law in qualifying for the primary ballot, he cannot remove the former president. Additionally, he said, it should be up to Congress to determine whether Trump is disqualified under a section of the U.S. Constitution.
“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,’” Redford wrote.
An attorney for the plaintiffs say that decision will be appealed – along with a request for the case to go directly to the Michigan Supreme Court.
The Associated Press contributed to this report.