Michigan Supreme Court will keep Trump on the state's primary election ballot

Legal Events

Michigan’s Supreme Court is keeping former President Donald Trump on the state’s primary election ballot.

The court said Wednesday it will not hear an appeal of a lower court’s ruling from groups seeking to keep Trump from appearing on the ballot.

It said in an order that the application by parties to appeal a Dec. 14 Michigan appeals court judgment was considered, but denied “because we are not persuaded that the questions presented should be reviewed by this court.”

The ruling contrasts with Dec. 19 decision by a divided Colorado Supreme Court which found Trump ineligible to be president because of his role in the Jan. 6, 2021, attack on the U.S. Capitol. That ruling was the first time in history that Section 3 of the 14th Amendment has been used to disqualify a presidential candidate.

The Michigan and Colorado cases are among dozens hoping to keep Trump’s name off state ballots. They all point to the so-called insurrection clause that prevents anyone from holding office who “engaged in insurrection or rebellion” against the Constitution. Until the Colorado ruling, all had failed.

The Colorado ruling is likely to be appealed to the U.S. Supreme Court, which has never ruled on the rarely used Civil War-era provision.

The plaintiffs in Michigan can technically try again to disqualify Trump under Section 3 of the 14th Amendment in the general election, though it's likely there will be a U.S. Supreme Court ruling on the issue by then. The state's high court on Wednesday upheld an appeals court ruling that the Republican Party could place anyone it wants on the primary ballot. But the court was silent on whether Section 3 of the 14th Amendment would disqualify Trump in November if he becomes the GOP nominee.

“We are disappointed by the Michigan Supreme Court’s decision,” said Ron Fein, legal director of Free Speech for People, the liberal group that filed the suit to disqualify Trump in the state. “The ruling conflicts with longstanding US Supreme Court precedent that makes clear that when political parties use the election machinery of the state to select, via the primary process, their candidates for the general election, they must comply with all constitutional requirements in that process.”

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USCIS Issues Clarifying Guidance on NAFTA TN Status Eligibility for Economists

U.S. Citizenship and Immigration Services (USCIS) announced today that it is clarifying policy guidance (PDF, 71 KB) on the specific work activities its officers should consider when determining whether an individual qualifies for TN nonimmigrant status as an economist.

The North American Free Trade Agreement (NAFTA) TN nonimmigrant status allows qualified Canadian and Mexican citizens to temporarily enter the U.S. to engage in specific professional activities, including the occupation of economist. The agreement, however, does not define the term economist, resulting in inconsistent decisions on whether certain analysts and financial professionals qualify for TN status as economists.

TN nonimmigrant status is intended to allow a limited number of professionals and specialists to work temporarily in certain specifically identified occupations in the United States. This updated guidance provides USCIS officers with a specific definition of one such category – economists – allowing them to adjudicate applications in a way that complies with the intent of the agreement. This policy update clarifies that professional economists requesting TN status must engage primarily in activities consistent with the profession of an economist. Individuals who work primarily in other occupations related to the field of economics — such as financial analysts, marketing analysts, and market research analysts — are not eligible for classification as a TN economist.

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