Michigan Supreme Court Keeps Trump On 2024 Ballot

David Kurtz
·4 min read
5
  • Oops!
    Something went wrong.
    Please try again later.
  • Oops!
    Something went wrong.
    Please try again later.

A lot of things happened. Here are some of the things. This is TPM’s Morning Memo. Sign up for the email version.

Disqualification Clause Case Flounders

In a brief, one-paragraph order, the Michigan Supreme Court has declined to take up the appeal of the Disqualification Clause case against Donald Trump. The decision leaves intact lower court rulings and keeps Trump on the GOP primary ballot.

The grounds for the decision are sparse: “[W]e are not persuaded that the questions presented should be reviewed by this Court.”

A longer dissent by one of the justices offers a bit more insight into the ruling. Elizabeth Welch in dissenting says she would have taken the appeal and ruled on the merits.

“Considering the importance of the legal questions at issue and the speed with which the appellants and the judiciary have moved, I believe it is important for this Court to issue a decision on the merits,” Welch wrote.

Welch distinguished Michigan election law from Colorado’s, where Trump has been declared ineligible for the ballot under the 14th Amendment’s Disqualification Clause. She reiterated that the appeals court was correct in ruling that under Michigan law the secretary of state is without power to remove an ineligible candidate from the ballot.

The big question about this just-issued order is whether those seeking to remove Trump from the ballot might get another chance to do so during the general election. The lower court had ruled that the issue wasn’t ripe for decision on the primary ballot, but would be ripe in the general election if Trump were the GOP nominee.

The ripeness question wasn’t appealed, Welch notes in her dissent, suggesting that the good government groups pursing Trump’s disqualification may yet get another bite at the apple.

Michigan Fake Elector Has Regrets

The Michigan fake elector who had criminal charges against him dropped in exchange for his cooperation “expressed deep regret about his participation,” according to a recording of his interview with prosecutors obtained by NYT.

Dictator On Day One

TPM’s Josh Kovensky: The Executive Orders That Trump Would Issue From The Start

Why The Insurrection Act Needs Revising

Bob Bauer and Jack Goldsmith:

The problem is that the act has very broad and imprecise triggers to its operation and no temporal constraints, and it does not specify any role for Congress to assess, shape or limit the president’s response to an emergency. …

There is no serious dispute, on the merits, that the Insurrection Act gives any president far too much unchecked power. It is hard for anyone to argue that a president should be able to unleash U.S. troops or state militias without any accountability beyond public opinion or impeachment.

Eye on Media

Parker Molloy: NYT’s Past Week of Trump Headlines is a Glimpse into Our Future

Ooof …

NYT:

At least five board members who oversee the Rhode Island Heritage Hall of Fame have resigned from the organization after Michael T. Flynn, the former national security adviser under Donald J. Trump, was chosen to be inducted in 2024.

Fortenberry Conviction Overturned

The conviction of former Rep. Jeff Fortenberry (R-NE) has been overturned on appeal on the grounds that he was tried in the wrong venue.

He was convicted in federal court in Los Angeles on three felony counts of lying to federal investigators about illegal campaign contributions.

The Ninth Circuit Court of Appeals ruled that he should have been tried in Nebraska or Washington DC, where the alleged lies occurred, not LA, the location of the investigation that his alleged lies adversely impacted.

The court said that Fortenberry can be retried in the proper venue.

Quote Of The Day

Jane Coaston’s interview with Tim Alberta on the factors that made evangelicals ready for Trump yields this gem:

If this was truly a 1776 moment, would Lauren Boebert be vaping in the middle of a “Beetlejuice” show, or would she have something more pressing to do with her time?

Tim Alberta

2024 Ephemera

  • NYT op-ed: A Trump Conviction Could Cost Him Enough Voters to Tip the Election

  • WSJ: Joe Lieberman’s Campaign for Third-Party Ticket Draws Ire of Democrats—Again

  • WaPo: Biden’s economy vs. Trump’s … in 12 charts

Recommended Reading

Jessica Valenti’s “Abortion, Every Day” is an invaluable resource in a post-Dobbs world.

Hate To See It

AP: “Criminal prosecutors may soon get to see over 900 documents pertaining to the alleged theft of a diary belonging to President Joe Biden’s daughter after a judge rejected the conservative group Project Veritas’ First Amendment claim.”

Is Climate Change Speeding Up?

WaPo:

The record shows that the pace of warming clearly sped up around the year 1970. Scientists have long known that this acceleration stems from a steep increase in greenhouse gas emissions, combined with efforts in many countries to reduce the amount of sun-reflecting pollution in the air. But the data is much more uncertain on whether a second acceleration is underway.

Trump Is So Proud Of Himself

A Daily Mail word cloud caught the former president’s eye:

Do you like Morning Memo? Let us know!