America First Legal filed two briefs in this case on behalf of 179 members of Congress and the Secretary of State of Wyoming to defend President Trump’s right to remain on the Colorado ballot
WASHINGTON, D.C. – The United States Supreme Court has ruled unanimously that the Colorado Supreme Court unlawfully excluded President Donald J. Trump from the primary ballot in the State and wrongfully required all write-in votes that Colorado voters might cast for him to be disregarded.
AFL filed two briefs in this case supporting President Trump.
The first brief was filed on behalf of U.S. Senator Ted Cruz, Majority Leader Steve Scalise, and 177 other members of Congress. This brief included arguments that Congress, not a state court, enforces Section 3 of the Fourteenth Amendment, that Section 3 does not apply to former President Trump because he was never previously “an officer of the United States,” and that the Colorado Supreme Court’s decision lacked neutral principles and would lead to widespread de-balloting of political opponents. AFL represented:
The second brief was filed on behalf of the Wyoming Secretary of State Chuck Gray. This brief demonstrated how the Colorado Supreme Court badly misconstrued the U.S. Constitution, distorting Section 3 of the Fourteenth Amendment beyond recognition to keep former President Trump off the ballot.
Repudiating the left, the Supreme Court ruled that “States have no power under the Constitution to enforce Section 3 with respect to federal offices, especially the Presidency.” According to the Court, state enforcement of Section 3 with respect to the Presidency would raise “heightened concerns” because the state-by-state resolution of whether Section 3 bars a particular candidate for President from serving would be “quite unlikely to yield a uniform answer…” The “patchwork” that would likely result from state enforcement would “sever the direct link that the Framers found so critical between the National Government and the people of the United States” as a whole.
The radical left’s lawfare program has abused long-standing Constitutional norms and principles to advance liberal politicians and crush the rule of law. AFL is proud to have represented hundreds of patriots in fighting to protect our Constitution and our elections from the left’s assault.
Statement from Gene Hamilton, America First Legal Executive Director and General Counsel:
“The Supreme Court of the United States issued the right decision–but the sad reality is that this case should never have gotten this far. The legal theories underpinning the case at hand are frivolous, the process employed flawed, and the ensuing chaos was predictable. As it turns out, square pegs do not fit in round holes–yet the radical left is committed to banging that peg over and over regardless of the damage it causes. While their efforts will undoubtedly continue in other areas, this should put an end to this wacky fantasy,” said Gene Hamilton.
Read the briefs here and here.
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