Within several minutes of each other Tuesday evening, the U.S. 6th Circuit Court of Appeals and the Michigan Court of Appeals issued opposing rulings on the recount of presidential ballots in Michigan. The Circuit Court upheld an earlier ruling by U.S. District Judge Mark Goldsmith, who allowed the recount to begin Monday, two days earlier than state officials had scheduled. The Circuit Court allowed the recount to continue, ruling that Goldsmith had not abused his discretion in calling for an early recount. But the ruling by the Michigan Court of Appeals called on the Board of State Canvassers to abandon the recount altogether. The state court ruled that Jill Stein, the Green Party candidate who called for the recount, was not eligible to do so, as she was not an aggrieved party in the election and stood no reasonable chance of flipping the results in her favor.
The recount will continue for now, although state Republicans hope to stop the measure by appealing to the Circuit Court. The Michigan Republican Party planned to file a motion asking Goldsmith to call off the recount. “Our understanding is that 6th Circuit upheld Judge Goldsmith’s ruling, but also said that... if Michigan courts determine that the recount is improper that he should entertain a properly filed motion to dissolve the order,” Sarah Anderson, a party representative told the Detroit Free Press. “We’ll be making that motion and expect that recount will be stopped.”