WASHINGTON, D.C. – Today, America First Legal (AFL) and Boyden Gray PLLC filed a brief in the Supreme Court of the United States on behalf of U.S. Senator Ted Cruz, Majority Leader Steve Scalise, and 177 other members of Congress to defend Donald J. Trump’s right to remain on the Colorado ballot.
The Colorado Supreme Court issued an unprecedented, erroneous decision that President Donald J. Trump had engaged in an “insurrection” as described in the Fourteenth Amendment and was, therefore, not eligible to be on the ballot in Colorado. This egregiously wrong decision will, if allowed to stand, wreak havoc on our election system and the very fabric of our constitutional republic.
In the brief submitted on behalf of 179 members of Congress, AFL argued that:
- Congress—not any state court—plays a vital role regarding Section 3 of the Fourteenth Amendment:
- It is Congress that must pass implementing legislation authorizing enforcement of Section 3;
- And it is Congress that has the express power to remove a Section 3 “disability,” even after an election occurs.
- For similar reasons, Section 3 determinations fall within the “political question” doctrine because they are so clearly committed by constitutional text to another political branch, i.e., Congress.
- Section 3 does not apply to former President Trump because he was never previously “an officer of the United States.”
- The Colorado Supreme Court’s decision lacks neutral principles and will lead to widespread de-balloting of political opponents.
- It expands the definition of “insurrection” and “engaged in” past their breaking points;
- And makes it much easier for enterprising, partisan state officials across the country to cherry-pick parts of the opinion below to come up with contrived definitions of “engage” and “insurrection” to disqualify their opponents.
America First Legal represents the following members of Congress from the U.S. Senate and U.S. House of Representatives:
America First Legal is proud to represent these members of Congress and defend Donald J. Trump, and in so doing, help restore the American people’s faith in our election system and our legal system. We will not stop fighting for free and fair elections, a hallmark of our republic.
Statement from Gene Hamilton, America First Legal Vice President and General Counsel:
“America First Legal is honored to submit this historic and critical brief with our good friends at Boyden Gray on behalf of these 179 courageous and patriotic members of Congress in support of President Trump’s case before the Supreme Court of the United States. The Colorado Supreme Court’s decision threatens the very legal fabric that binds our constitutional republic together, and it cannot stand,” said Gene Hamilton.
Statement from Majority Leader of the U.S House of Representatives, Steve Scalise:
“President Biden has based his reelection effort on the notion that he is safeguarding democracy, but he and his radical allies are attempting to undermine the central component of the democratic process – the people’s power to choose their leaders through elections. Not only does the Colorado Supreme Court have no authority to remove President Trump from the ballot in the 2024 presidential election, but the broad and ill-defined justifications they use can easily be abused in the future to block political opponents from assuming office. By taking away people’s choice, the Colorado Supreme Court is setting a dangerous precedent and subverting the will of the American people. I’m proud to lead this amicus effort with Senator Cruz to stand up for American voters and our Constitution, and I urge the Supreme Court to thoughtfully consider our arguments and reverse this disastrous decision.” said Leader Scalise.
Read the brief here.
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