Donald Trump, at Suggestion of Michigan Judge, Files Lawsuit to Protect His Right to be on Michigan’s Presidential Primary Ballot

On October 30, former President Donald Trump filed his own lawsuit in the Michigan Court of Claims, to preserve his ability to be on the Michigan presidential primary ballot of March, 2024. Trump v Benson, 23-0001151. He did so after the judge who is hearing the original Michigan lawsuit to keep him off the ballot denied his ability to intervene in that case. Instead, the judge said Trump should file his own lawsuit and then the two cases will be combined.

There is an oral argument on November 6, Monday. Thanks to Thomas Jones for the news.

Texas Files Brief in Defense of Requiring Candidates Seeking a Convention Nomination to Pay a Filing Fee

On October 31, Texas filed this brief in Bilyeu v Esparza, w.d., 1:21cv-1089. This is the lawsuit over the Texas law that requires people who seek nomination at a convention to first pay a filing fee. The state says it has an interest in treating all candidates equally, which is a comical statement given the Texas rules for independent candidates (who need extremely difficult petitions), contrasted with the fact that Democrats and Republicans can get on a primary ballot with no petition.

Ben Wittes Predicts that Once Any Court Rules That Trump is Ineligible for a State’s Ballot, the US Supreme Court Will Quickly Get Involved

On the Wednesday, November 1, 2023 “The Bulwark” podcast, hosted by Charlie Sykes, guest Ben Wittes, Editor in Chief of Lawfare, predicted that once any court rules that Donald Trump is ineligible for a state’s ballot in 2024 under the 14th Amendment of the US Constitution (and Wittes thinks that is inevitable), the issue will quickly get elevated to the US Supreme Court for it to render a decision on the matter.

Here is a link to the podcast. The relevant discussion is between the 19 and 26 minute marks. There is also a transcript of the conversation between Sykes and Wittes.