Benson asks U.S. Supreme Court for ‘quick’ decision on Trump eligibility for 2024 ballot 

Michigan Secretary of State Jocelyn Benson on Thursday formally petitioned the U.S. Supreme Court to issue a “clear and quick decision” on whether former president Donald Trump is eligible to serve as president under the 14th Amendment of the U.S. Constitution. 

The case, Trump v. Anderson, et.al., appeals a ruling barring the former president from the presidential primary ballot in Colorado. Oral arguments in the case begin on Feb. 8.  

“Our Constitution is clear – it is the responsibility of the U.S. Supreme Court to provide the certainty voters and election administrators need in this case without delay,” Benson said. “The American people need to be able to cast ballots in the upcoming presidential primary with confidence that this matter has been resolved.”

The Michigan Supreme Court in December declined to hear an appeal on the same issue, allowing Trump to appear on the ballot for the state presidential primary on Feb. 27. The only thing that would change that is if the U.S. Supreme Court rules otherwise.

At issue is a section of the 14th Amendment that disqualifies from public office any individual who has taken an oath to uphold the U.S. Constitution, but then engages in insurrection or rebellion against the United States, or gives aid or comfort to its enemies. No prior criminal conviction is required. 

Trump has been targeted by plaintiffs in cases for his role in “inciting and facilitating” the insurrection at the U.S. Capitol on Jan. 6, 2021, after the November 2020 general election in which President Joe Biden defeated Trump.

The Michigan Supreme Court ruling affirmed Benson’s position that Michigan law requires any person “generally advocated by the national news media to be potential presidential candidates,” along with any recommended by state political parties, to appear on the primary ballot.

“I will continue to honor my obligation to ensure my decisions are nonpartisan, follow the law, and uphold our democratic process,” Benson said. “For the good of the nation, it’s time for us to get on with the business of holding free and fair elections and defending our democracy.”

The amicus brief was filed by Michigan Attorney General Dana Nessel on behalf of Benson, a day after Nessel filed another brief with the high court for Benson in a redistricting case.