September, 29 2023, 12:47pm EDT
“Trump is Legally Barred from the Ballot” Michigan Voters Challenge Trump’s Eligibility Under Fourteenth Amendment’s Insurrectionist Disqualification Clause
Led by Free Speech For People, a nonpartisan legal advocacy organization, the lawsuit argues the former president is disqualified from holding public office under Section 3 of the Fourteenth Amendment for his role in inciting and facilitating the January 6th insurrection.
LANSING, Michigan
Free Speech For People and Michigan attorney Mark Brewer, on behalf of a diverse group of Michigan voters, filed a lawsuit in state court today to bar Donald Trump from appearing on the state’s presidential primary and general election ballot in 2024. The lawsuit argues Trump is disqualified from holding public office under Section 3 of the Fourteenth Amendment, also known as the Insurrectionist Disqualification Clause, for his role in inciting and facilitating the violent insurrection at the Capitol on January 6th, 2021.
Enacted in the wake of the Civil War, Section 3 of the Fourteenth Amendment 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’s involvement in the violent attack on Congress to prevent the certification of election results, which resulted in the disruption of the peaceful transfer of power for the first time in our nation’s history, disqualifies him from holding any future public office. State election officials do not need permission from Congress to enforce the Insurrectionist Disqualification Clause, just as they do not need congressional approval to enforce the U.S. Constitution in general.
“Donald Trump violated his oath of office and incited a violent insurrection that attacked the U.S. Capitol, threatened the assassination of the Vice President and congressional leaders, and disrupted the peaceful transfer of power for the first time in our nation’s history,” said Ron Fein, Legal Director at Free Speech For People. “Our predecessors understood that oath-breaking insurrectionists will do it again, and worse, if allowed back into power, so they enacted the Insurrectionist Disqualification Clause to protect the republic from people like Trump. Trump is legally barred from the ballot and election officials must follow this constitutional mandate.”
“The United States Constitution makes Donald Trump ineligible to run for or serve in any public office in the country, let alone President,” said Mark Brewer. “All Michigan voters, including the plaintiffs, have a well-established right to have only eligible candidates on the ballot. Since Secretary of State Benson has announced that Trump will be on the primary ballot unless a court orders otherwise, we are seeking a court order preventing Trump from being on the ballot.”
The lawsuit details the multiple actions taken by Trump to overturn the results of the 2020 presidential election, starting with widespread claims of election fraud and repeatedly urging former Vice President Mike Pence to reject the electoral certification of the results before and during the January 6th attack. It also describes the ways in which Trump incited his supporters, many of whom were armed, and whom he knew to be armed, to march to the Capitol and “fight like hell.” When Trump was prevented from engaging in the Capitol attack himself, he stationed himself in the White House dining room and refused to call off his supporters for more than three hours as they violently attacked members of the Capitol Police and forced members of Congress into hiding while invading the building. Congress, over a dozen federal judges, Trump’s own Department of Justice, and his personal defense lawyer have all characterized the attack as an insurrection. And judges hearing January 6-related cases have repeatedly assigned responsibility for that insurrection to Trump.
On September 12, 2023, Free Speech For People filed, on behalf of voters in Minnesota, a similar legal challenge to Trump’s eligibility to appear on that state’s ballot. Oral argument before the Minnesota Supreme Court in that case is scheduled for November 2, 2023.
Free Speech For People filed similar challenges in 2022 against Georgia Congresswoman Marjorie Taylor Greene and former North Carolina Congressman Madison Cawthorn for their role in the January 6th insurrection. Although those challenges did not result in disqualification (Cawthorn’s because he lost his primary while the challenge was pending; Greene’s because the judge found insufficient factual evidence that she, personally, had engaged in the insurrection), they set important legal precedent that lays the groundwork for this challenge, including: that states have legal authority to adjudicate Section 3 challenges; that state processes for adjudicating Section 3 challenges do not violate a candidate’s constitutional rights; that no prior criminal conviction is required under Section 3 challenge; that words (including “marching orders or instructions to capture a particular objective, or to disrupt or obstruct a particular government proceeding”) can constitute engaging in insurrection; and that an 1872 congressional amnesty for ex-Confederates does not apply to January 6.
On September 6, 2022, Judge Francis J. Matthew of New Mexico’s First District permanently enjoined Otero County Commissioner and “Cowboys for Trump” founder Couy Griffin from holding office under the Insurrectionist Disqualification Clause.
Free Speech For People, a national nonpartisan legal advocacy group, has spearheaded the nationwide effort to “hold insurrectionists accountable for their role in the violent assault on American democracy” that took place on January 6th, 2021. Along with the Mi Familia Vota Education Fund, the group launched TrumpIsDisqualified.org, a campaign calling on Secretaries of State and top election officials across the country to follow the mandate of Section 3 of the Fourteenth Amendment and permanently bar Donald Trump–and all other elected officials who participated in the January 6th insurrection–from any future ballot.
Read the full complaint here.
Free Speech For People is a national non-partisan non-profit organization founded on the day of the U.S. Supreme Court's ruling in Citizens United v. FEC that works to defend our democracy and our Constitution.
LATEST NEWS
Trump Regulators Ripped for 'Rushed' Approval of Bill Gates' Nuclear Reactor in Wyoming
"Make no mistake, this type of reactor has major safety flaws compared to conventional nuclear reactors that comprise the operating fleet," said one expert.
Dec 03, 2025
A leading nuclear safety expert sounded the alarm Tuesday over the Trump administration's expedited safety review of an experimental nuclear reactor in Wyoming designed by a company co-founded by tech billionaire Bill Gates and derided as a "Cowboy Chernobyl."
On Monday, the US Nuclear Regulatory Commission (NRC) announced that it has "completed its final safety evaluation" for Power Station Unit 1 of TerraPower's Natrium reactor in Kemmerer, Wyoming, adding that it found "no safety aspects that would preclude issuing the construction permit."
Co-founded by Microsoft's Gates, TerraPower received a 50-50 cost-share grant for up to $2 billion from the US Department of Energy’s Advanced Reactor Demonstration Program. The 345-megawatt sodium-cooled small modular reactor (SMR) relies upon so-called passive safety features that experts argue could potentially make nuclear accidents worse.
However, federal regulators "are loosening safety and security requirements for SMRs in ways which could cancel out any safety benefits from passive features," according to Union of Concerned Scientists nuclear power safety director Edwin Lyman.
"The only way they could pull this off is by sweeping difficult safety issues under the rug."
The reactor’s construction permit application—which was submitted in March 2024—was originally scheduled for August 2026 completion but was expedited amid political pressure from the Trump administration and Congress in order to comply with an 18-month timeline established in President Donald Trump’s Executive Order 14300.
“The NRC’s rush to complete the Kemmerer plant’s safety evaluation to meet the recklessly abbreviated schedule dictated by President Trump represents a complete abandonment of its obligation to protect public health, safety, and the environment from catastrophic nuclear power plant accidents or terrorist attacks," Lyman said in a statement Tuesday.
Lyman continued:
The only way the staff could finish its review on such a short timeline is by sweeping serious unresolved safety issues under the rug or deferring consideration of them until TerraPower applies for an operating license, at which point it may be too late to correct any problems. Make no mistake, this type of reactor has major safety flaws compared to conventional nuclear reactors that comprise the operating fleet. Its liquid sodium coolant can catch fire, and the reactor has inherent instabilities that could lead to a rapid and uncontrolled increase in power, causing damage to the reactor’s hot and highly radioactive nuclear fuel.
Of particular concern, NRC staff has assented to a design that lacks a physical containment structure to reduce the release of radioactive materials into the environment if a core melt occurs. TerraPower argues that the reactor has a so-called "functional" containment that eliminates the need for a real containment structure. But the NRC staff plainly states that it "did not come to a final determination of the adequacy and acceptability of functional containment performance due to the preliminary nature of the design and analysis."
"Even if the NRC determines later that the functional containment is inadequate, it would be utterly impractical to retrofit the design and build a physical containment after construction has begun," Lyman added. "The potential for rapid power excursions and the lack of a real containment make the Kemmerer plant a true ‘Cowboy Chernobyl.’”
The proposed reactor still faces additional hurdles before construction can begin, including a final environmental impact assessment. However, given the Trump administration's dramatic regulatory rollback, approval and construction are highly likely.
Former NRC officials have voiced alarm over the Trump administration's tightened control over the agency, which include compelling it to send proposed reactor safety rules to the White House for review and possible editing.
Allison Macfarlane, who was nominated to head the NRC during the Obama administration, said earlier this year that Trump's approach marks “the end of independence of the agency.”
“If you aren’t independent of political and industry influence, then you are at risk of an accident,” she warned.
Keep ReadingShow Less
Report Shows How Recycling Is Largely a 'Toxic Lie' Pushed by Plastics Industry
"These corporations and their partners continue to sell the public a comforting lie to hide the hard truth: that we simply have to stop producing so much plastic," said one campaigner.
Dec 03, 2025
A report published Wednesday by Greenpeace exposes the plastics industry as "merchants of myth" still peddling the false promise of recycling as a solution to the global pollution crisis, even as the vast bulk of commonly produced plastics remain unrecyclable.
"After decades of meager investments accompanied by misleading claims and a very well-funded industry public relations campaign aimed at persuading people that recycling can make plastic use sustainable, plastic recycling remains a failed enterprise that is economically and technically unviable and environmentally unjustifiable," the report begins.
"The latest US government data indicates that just 5% of US plastic waste is recycled annually, down from a high of 9.5% in 2014," the publication continues. "Meanwhile, the amount of single-use plastics produced every year continues to grow, driving the generation of ever greater amounts of plastic waste and pollution."
Among the report's findings:
- Only a fifth of the 8.8 million tons of the most commonly produced types of plastics—found in items like bottles, jugs, food containers, and caps—are actually recyclable;
- Major brands like Coca-Cola, Unilever, and Nestlé have been quietly retracting sustainability commitments while continuing to rely on single-use plastic packaging; and
- The US plastic industry is undermining meaningful plastic regulation by making false claims about the recyclability of their products to avoid bans and reduce public backlash.
"Recycling is a toxic lie pushed by the plastics industry that is now being propped up by a pro-plastic narrative emanating from the White House," Greenpeace USA oceans campaign director John Hocevar said in a statement. "These corporations and their partners continue to sell the public a comforting lie to hide the hard truth: that we simply have to stop producing so much plastic."
"Instead of investing in real solutions, they’ve poured billions into public relations campaigns that keep us hooked on single-use plastic while our communities, oceans, and bodies pay the price," he added.
Greenpeace is among the many climate and environmental groups supporting a global plastics treaty, an accord that remains elusive after six rounds of talks due to opposition from the United States, Saudi Arabia, and other nations that produce the petroleum products from which almost all plastics are made.
Honed from decades of funding and promoting dubious research aimed at casting doubts about the climate crisis caused by its products, the petrochemical industry has sent a small army of lobbyists to influence global treaty negotiations.
In addition to environmental and climate harms, plastics—whose chemicals often leach into the food and water people eat and drink—are linked to a wide range of health risks, including infertility, developmental issues, metabolic disorders, and certain cancers.
Plastics also break down into tiny particles found almost everywhere on Earth—including in human bodies—called microplastics, which cause ailments such as inflammation, immune dysfunction, and possibly cardiovascular disease and gut biome imbalance.
A study published earlier this year in the British medical journal The Lancet estimated that plastics are responsible for more than $1.5 trillion in health-related economic losses worldwide annually—impacts that disproportionately affect low-income and at-risk populations.
As Jo Banner, executive director of the Descendants Project—a Louisiana advocacy group dedicated to fighting environmental racism in frontline communities—said in response to the new Greenpeace report, "It’s the same story everywhere: poor, Black, Brown, and Indigenous communities turned into sacrifice zones so oil companies and big brands can keep making money."
"They call it development—but it’s exploitation, plain and simple," Banner added. "There’s nothing acceptable about poisoning our air, water, and food to sell more throwaway plastic. Our communities are not sacrifice zones, and we are not disposable people.”
Writing for Time this week, Judith Enck, a former regional administrator at the US Environmental Protection Agency and current president of the environmental justice group Beyond Plastics, said that "throwing your plastic bottles in the recycling bin may make you feel good about yourself, or ease your guilt about your climate impact. But recycling plastic will not address the plastic pollution crisis—and it is time we stop pretending as such."
"So what can we do?" Enck continued. "First, companies need to stop producing so much plastic and shift to reusable and refillable systems. If reducing packaging or using reusable packaging is not possible, companies should at least shift to paper, cardboard, glass, or metal."
"Companies are not going to do this on their own, which is why policymakers—the officials we elected to protect us—need to require them to do so," she added.
Although lawmakers in the 119th US Congress have introduced a handful of bills aimed at tackling plastic pollution, such proposals are all but sure to fail given Republican control of both the House of Representatives and Senate and the Trump administration's pro-petroleum policies.
Keep ReadingShow Less
Platner 20 Points Ahead of Mills in Maine Senate Race as Critics Spotlight Her Anti-Worker Veto Record
The new poll, said the progressive candidate, “lays clear what our theory is, which is that we are not going to defeat Susan Collins running the same exact kind of playbook that we’ve run in the past."
Dec 03, 2025
It's been more than a month since a media firestorm over old Reddit posts and a tattoo thrust US Senate candidate Graham Platner into the national spotlight, just as Maine Gov. Janet Mills was entering the Democratic primary race in hopes of challenging Republican Sen. Susan Collins—a controversy that did not appear at the time to make a dent in political newcomer Platner's chances in the election.
On Wednesday, the latest polling showed that the progressive combat veteran and oyster farmer has maintained the lead that was reported in a number of surveys just after the national media descended on the New England state to report on his past online comments and a tattoo that some said resembled a Nazi symbol, which he subsequently had covered up.
The Progressive Change Campaign Committee (PCCC), which endorsed Platner on Wednesday, commissioned the new poll, which showed him polling at 58% compared to Mills' 38%.
Nancy Zdunkewicz, a pollster with Z to A Polling, which conducted the survey on behalf of the PCCC, said the poll represented "really impressive early consolidation" for Platner, with the primary election still six months away.
“Platner isn’t just leading in the Democratic primary. He’s leading by a lot, 20 points—58% are supporting him,” Zdunkewicz told Zeteo. “Only 38% are supporting Mills. There are very few undecided voters or weak supporters for Mills to win over at this point in the race."
Platner has consistently spoken to packed rooms across Maine since launching his campaign in August, promoting a platform that is unapologetically focused on delivering affordability and a better quality of life for Mainers.
He supports expanding the popular Medicare program to all Americans; drew raucous applause at an early rally by declaring, “Our taxpayer dollars can build schools and hospitals in America, not bombs to destroy them in Gaza"; and has spoken in support of breaking up tech giants and a federal war crimes investigation into Defense Secretary Pete Hegseth over his deadly boat strikes in the Caribbean.
Mills entered the race after Democratic leaders including Senate Minority Leader Chuck Schumer (D-NY) urged her to. She garnered national attention earlier this year for standing up to President Donald Trump when he threatened federal funding for Maine over the state's policy of allowing students to play on school athletic teams that correspond with their gender.
But the PCCC survey found that when respondents learned details about each candidate, negative critiques of Mills were more damaging to her than Platner's old Reddit posts and tattoo.
Zdunkewicz disclosed Platner's recent controversy to the voters she surveyed, as well as his statements about how his views have shifted in recent years, and found that 21% of voters were more likely to back him after learning about his background. Thirty-nine percent said they were less likely to support him.
The pollster also talked to respondents about the fact that establishment Democrats pushed Mills, who is 77, to enter the race, and about a number of bills she has vetoed as governor, including a tax on the wealthy, a bill to set up a tracking system for rape kits, two bills to reduce prescription drug costs, and several bills promoting workers' rights.
Only 14% of Mainers said they were more likely to vote for Mills after learning those details, while 50% said they were less likely to support her.
At The Lever, Luke Goldstein on Wednesday reported that Mills' vetoes have left many with the "perception that she’s mostly concerned with business interests," as former Democratic Maine state lawmaker Andy O'Brien said. Corporate interests gave more than $200,000 to Mills' two gubernatorial campaigns.
Earlier this year, Mills struck down a labor-backed bill to allow farm workers to discuss their pay with one another without fear of retaliation. Last year, she blocked a bill to set a minimum wage for farm laborers, opposing a provision that would have allowed workers to sue their employers.
She also vetoed a bill banning noncompete agreements and one that would have banned anti-union tactics by corporations.
"In previous years," Goldstein reported, "she blocked efforts to stop employers from punishing employees who took state-guaranteed paid time off, killed a permitting reform bill to streamline offshore wind developments because it included a provision mandating union jobs, and vetoed a modest labor bill that would have required the state government to merely study the issue of paper mill workers being forced to work overtime without adequate compensation."
Speaking to PCCC supporters on Wednesday, Platner suggested the new polling shows that many Mainers agree with the central argument of his campaign: "We need to build power again for working people, both in Maine and nationally.”
The survey, he said, “lays clear what our theory is, which is that we are not going to defeat Susan Collins running the same exact kind of playbook that we’ve run in the past—which is an establishment politician supported by the power structures, supported by Washington, DC, coming up to Maine and trying to run a kind of standard race... We are really trying to build a grassroots movement up here."
Keep ReadingShow Less
Most Popular