Republican Lawmakers File Amicus Brief Supporting Trump's Case Against Colorado Supreme Court
ICARO Media Group
In a significant development, Republican House and Senate leaders have filed an amicus brief in support of former President Donald Trump's case against the Colorado Supreme Court. More than 170 lawmakers, including influential figures like Sen. Ted Cruz and House Majority Leader Steve Scalise, have signed the brief, expressing their concern over the court's decision to remove Trump from the state's 2024 ballot.
The brief, filed on Thursday, argues that the court's decision "encroaches" on Congress' powers and highlights the need for authorizing legislation to enforce the 14th Amendment, which was cited as the basis for removing Trump. In their statements to Fox News Digital, lawmakers criticized the court for setting a dangerous precedent and subverting the will of the American people.
House Majority Whip Tom Emmer noted that "liberal activist judges" are weaponizing the legal system against Trump out of despise towards him. Sen. John Kennedy further criticized the Colorado Supreme Court for overstepping its boundaries.
The 29-page amicus brief points out that the court's decision infringes on the prerogatives of Congress members. Lawmakers argue that the court overlooked textual and structural limitations in Section 3 of the 14th Amendment, which states that no one shall assume office if they have engaged in insurrection or rebellion against the U.S. government.
Furthermore, the lawmakers expressed concern about the court's broad interpretation of what it means to "engage in insurrection." They believe this could lead to the misuse of the 14th Amendment against political opponents.
The brief emphasizes that the power to enforce Section 3 lies with Congress, not individual state officials or courts. Lawmakers assert that if Congress chooses to approve enforcement legislation, it has the option to provide clearer definitions for terms like "engaging in" and "insurrection."
The brief argues that in polarized times, where accusations of destroying democracy are rampant, it is crucial to minimize the partisan incentive to remove opponents from the ballot using the sanction of the 14th Amendment's Section 3.
In December, the Colorado Supreme Court disqualified Trump from appearing on the state's ballots in 2024, citing his alleged involvement in the Capitol riot on January 6, 2021. While the court's majority expressed the weight of the decision and the duty to apply the law without fear or favor, lawmakers have now raised concerns over the court's interpretation and authority.
Colorado Secretary of State Jena Griswold stated that she would continue to follow court guidance on the matter, suggesting that this ongoing legal battle holds significant implications for future elections. As the amicus brief gains traction, it remains to be seen how the Supreme Court will rule on Trump's case and the broader issue of Section 3 enforcement.