A judge in Michigan ruled Tuesday that former President Trump will remain in the state’s primaries, dealing a blow to the effort to block Trump’s candidacy with a Civil War-era constitutional clause.

Court of Claims Judge James Redford rejected arguments that Trump’s role in the Jan. 6, 2021 attack on the U.S. Capitol meant the court should disqualify him from running for president.

Redford wrote that he cannot impeach the former president because Trump followed state law in qualifying for the primary ballot. Moreover, the judge said, it should be up to Congress to decide whether Trump is disqualified under a section of the 14th Amendment of the U.S. Constitution that bars a person involved in an insurrection from office.

The legal action removing a candidate from the presidential election and banning him from running effectively strips Congress of its ability to remove such a handicap by a vote of two-thirds of each House, Redford wrote.