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Wednesday, September 10, 2025

Amicus Brief Criticizes Decision to Disqualify Trump from Colorado Presidential Primary Ballot

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Senator Kevin Cramer, US Senator for North Dakota | Senator Kevin Cramer Official website

Senator Kevin Cramer, US Senator for North Dakota | Senator Kevin Cramer Official website

WASHINGTON – The decision by the Colorado Supreme Court to disqualify former President Donald Trump from the state's presidential primary ballot has received criticism from lawmakers and has now been brought before the Supreme Court of the United States (SCOTUS) for review.

U.S. Senator Kevin Cramer (R-ND) has joined a bicameral amicus brief in support of former President Trump's appeal before SCOTUS in Trump v. Anderson. In the brief, lawmakers argue that the Colorado Supreme Court's decision disregards the fundamental principles of voter choice and fair elections.

"It’s ironic how liberals who claim to defend democracy are the ones disregarding the fundamental principles of voter choice and fair elections," said Cramer. "This sets a dangerous and frightening precedent by brazenly circumventing the requirement for Congress to enact specific legislation in such matters, potentially making the judicial removal of candidates commonplace."

The amicus brief further states that the Colorado Supreme Court's decision lacks neutral principles and will lead to the widespread removal of political opponents from ballots. Lawmakers also argue that the decision exceeds the scope of Section 3 of the 14th Amendment, which directly encroaches on Congress's express power.

"The court below raced past numerous textual and structural limitations on Section 3, which are primarily designed to ensure that Congress controls the enforcement and removal of Section 3’s 'disability' on holding office," the brief states.

The lawmakers note that Section 3 does not apply to former President Trump and request the reversal of the Colorado Supreme Court's decision. They emphasize the importance of Congress's role in implementing legislation to protect candidates from abuse by state officials and in removing a Section 3 "disability" through a two-thirds vote of both Houses.

As the appeal moves forward, the amicus brief highlights the concerns surrounding the Colorado Supreme Court's decision and its potential impact on the democratic process.

"The Colorado Supreme Court's illegal decision to disqualify President Trump from the ballot raises serious concerns," said Cramer. "This sets a dangerous precedent and undermines the rights of voters. It is crucial that SCOTUS reviews this ruling and upholds the principles of fair elections and voter choice."

The Supreme Court of the United States will now review the appeal and make a decision that will have significant implications for future election processes.

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