America First Legal and PLLC File Amicus Brief at Supreme Court
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: ...