Michigan high court declines to immediately hear appeal of ruling allowing Trump on primary ballot

FILE - Jocelyn Benson, Michigan secretary of state, testifies as the Senate Judiciary Committee hears from election officials and Justice Department officials about the rise in threats toward elected leaders and election workers, Aug. 3, 2022, at the Capitol in Washington. The Michigan Supreme Court refused Wednesday, Dec. 6, 2023, to immediately hear an appeal of a lower court鈥檚 ruling that would allow former President Donald Trump鈥檚 name on the state鈥檚 presidential primary ballot. The liberal group Free Speech for People had sued to force Benson to bar Trump from Michigan's ballot. (AP Photo/J. Scott Applewhite, File)

LANSING, Mich. (AP) 鈥 The Michigan Supreme Court refused Wednesday to immediately hear an appeal of a lower court鈥檚 ruling that would allow former President Donald Trump鈥檚 name to be on the state鈥檚 presidential primary ballot.

The state Supreme Court said the case should remain before the state court of appeals, and not immediately move to Michigan鈥檚 highest court as a liberal group had requested.

The court said in its order that it 鈥渋s not persuaded that the questions presented should be reviewed by this Court before consideration by the Court of Appeals.鈥

Dozens of cases hoping to keep Trump鈥檚 name off state ballots contend that his actions related to the Jan. 6, 2021, attack on the U.S. Capitol ran afoul of that prevents anyone from holding office who 鈥渆ngaged in insurrection or rebellion鈥 against the Constitution.

In Michigan, attorneys for a group of an activists on Nov. 16 for an 鈥渋mmediate and expedited consideration鈥 for appeal and an 鈥渆mergency application鈥 to bypass the state Appeals Court.

They said in their filing it was a 鈥渧irtual certainty鈥 that any decision by the Court of Appeals would be appealed to the state Supreme Court. They argued that time was 鈥渙f the essence鈥 due to "the pressing need to finalize and print the ballots for the presidential primary election.鈥

The liberal group Free Speech for People 鈥 a nonprofit also behind a lawsuit seeking to keep Trump off Minnesota's ballot 鈥 had sued to force Michigan Secretary of State Jocelyn Benson to bar Trump from Michigan's ballot.

. Redford said in a Nov. 14 order that it was the proper role of Congress to decide the question.

Free Speech for People had asked the Michigan Supreme Court to send the case back to the Court of Claims to conduct an evidentiary hearing on Trump鈥檚 eligibility to be placed on the primary ballot.

Ron Fein, the group's legal director, said in a statement that "while we are disappointed in this procedural order, we look forward to returning to the Michigan Supreme Court after completing proceedings in the Court of Appeals.鈥

The Court of Appeals will issue its ruling based on the legal briefs already submitted in the case, said Edward Erikson, a spokesperson for Free Speech For People.

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