Michigan Cases December 06, 2023: LaBrant v. Sec'y of State

Case Description

1

Court of Claims: 23-000137-MZ.

Elizabeth T. Clement, Chief Justice, Brian K. Zahra, David F. Viviano, Richard H. Beensteen, Megan K. Cavanogh, Elizabeth M. Welch, Kyra H. Bolden, Justices

ORDER

On order of the Court, the motions for immediate consideration are GRANTED. The application for leave to appeal prior to decision by the Court of Appeals is considered, and it is DENIED, because the Court is not persuaded that the questions presented should be reviewed by this Court before consideration by the Court of Appeals. The motion to intervene is DENIED as moot.

WELCH, J. (dissenting).

Whether a potential presidential candidate is constitutionally ineligible to appear on the ballot pursuant to the Insurrection Clause of the Fourteenth Amendment, U.S. Const, Am XIV, § 3, and whether the judiciary can decide that question before an election are questions of monumental importance for our system of democratic governance. Courts across the country are grappling with these very issues for the first time in our nation's history. The deadline for printing ballots for Michigan's 2024 primary election is fast approaching, and there is reasonable uncertainty about the ripeness, justiciability, and merits of the plaintiffs' claims. Under these circumstances, I would grant the bypass application for leave to appeal before a decision by the Court of Appeals, MCR 7.305(C)(1), and, while retaining jurisdiction, remand this case to the Court of Claims to promptly conduct an evidentiary hearing and develop the factual record that could be necessary to resolve the legal arguments presented by the plaintiffs.