WASHINGTON, D.C. – Today, America First Legal (AFL), along with Stone Hilton PLLC, filed an amicus brief in the Supreme Court of the United States in the case of Trump. v. Anderson on behalf of Chuck Gray, the Secretary of State of Wyoming. The brief articulates how the Colorado Supreme Court badly misconstrued the U.S. Constitution, distorting Section 3 of the Fourteenth Amendment beyond recognition, to keep former President Donald J. Trump off the ballot. As a result, it disenfranchised millions of voters, undermining public confidence in our elections.
In December 2023, a sharply divided Colorado Supreme Court erroneously ruled that former President Trump is disqualified from holding the office of President under Section Three of the Fourteenth Amendment and that it would be “wrongful” to list him as a candidate on Colorado’s presidential primary ballot.
Among other things, the Colorado court decided without authority that as matters of federal Constitutional law, Section 3 applies to the President, the collective disorder at the Capitol on January 6 was an “insurrection,” and former President Trump “engaged in” that insurrection. Fatuously, the Colorado court claimed that President Trump was an insurrectionist and enemy of the United States for “laying the groundwork for a claim that the election was rigged” months before January 6, “continu[ing] to fan the flames of his supporters’ ire” at rallies, and tweeting and repeating “his invitation to come to Washington, D.C. on January 6.”
On behalf of Secretary Gray, AFL argued that Constitutional text, history, and structure make it clear the president is not a Section 3 “Officer of the United States,” that former President Trump did not “engage in” an insurrection or rebellion, and that he did not give aid or comfort to the enemies of the United States.
The Colorado Supreme Court’s constitutionally baseless and politically motivated decision defies the fundamental ideas on which our republic was founded and threatens the integrity of our electoral process. It must be overturned.
Statement from Chuck Gray, Wyoming Secretary of State:
“As Secretaries of State, we must stop the radical Left’s unAmerican and unconstitutional attempts to weaponize the Fourteenth Amendment against Trump and the American People. This is why, today, I filed an Amicus brief asking the U.S. Supreme Court to reverse Colorado’s outrageously wrong and unprecedented decision. Despite the repeated attacks I have received from the radical left-wing media for my efforts to ensure that Trump will be able to be on the ballot, I will continue to unapologetically defend the truth and ensure that the people of Wyoming can choose who to elect for themselves. This brief would not have been possible without the work of America First Legal, and specifically Gene Hamilton, and Judd E. Stone II, two brilliant legal minds focused on ensuring the rule of law and election integrity.” said Secretary Gray.
Statement from Gene Hamilton, America First Legal Vice President and General Counsel:
“The Colorado Supreme Court’s decision is completely inconsistent with the text and historical interpretation of the Fourteenth Amendment to the Constitution of the United States. Secretary Gray is an American patriot committed to the rule of law, and we are thrilled to be able to file this brief on his behalf, “ said Gene Hamilton.
Read the brief here.
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