A push is taking place in several states to prevent former President Donald Trump from being on the presidential primary ballot, and Michigan is one.
A well-known Detroit political activist brought on the lawsuit, and on Thursday (Nov. 9), the Michigan Court of Claims heard arguments in the case.
Thursday’s hearing happened just a day after a Minnesota court refused to prevent Trump from appearing on the ballot. The case puts the former president’s attorney arguing on the same side of the case as Michigan Secretary of State Jocelyn Benson.
Detroiter Robert Davis claims the 14th amendment of the constitution precludes Trump from running because of his involvement in the Jan. 6 attack on the United States Capitol, which he views as an insurrection.
The amendment dates back to the Civil War and hasn’t been used since the 1870s. Davis sued the secretary of state because she wouldn’t step in and declare the former president ineligible for the ballot.
Before Judge James Robert Redford in Grand Rapids Thursday, Benson’s attorney, Heather Meingast from the Michigan Attorney General’s Office, made her case, saying Congress is the only one to make that determination.
“We have no administrative process,” said Meingast. “We have no process for conducting any kind of inquiry or investigation into something like this. The secretary doesn’t have any subpoena power; it’s simply not available. The legislature has not provided us with any administrative vehicle.”
Trump’s attorney is Michael Columbo, who was quoted from a California court ruling saying roughly the same thing.
“The constitution assigns to Congress and not the federal courts responsibility in determining whether a person is qualified to serve as president of the United States,” said Columbo.
Davis is not an attorney, but he did argue part of the case. Getting ballots printed and off at legally mandated times so military members can have ballots is one of the questions at hand.
Davis wants the judge to decide that Trump cannot be on the ballot and have them shipped immediately. The judge says he will issue a written opinion soon.
