Central ND News

WASHINGTON – The decision by the Colorado Supreme Court to disqualify former President Donald Trump from the state's presidential primary ballot has received opposition in the form of a bicameral amicus brief. The brief, filed in support of Trump's appeal before the Supreme Court of the United States (SCOTUS), argues that the ruling disregards voter choice and fair elections.

U.S. Senator Kevin Cramer (R-ND) joined the amicus brief and expressed concerns about the Colorado Supreme Court's decision. He stated, "It’s ironic how liberals who claim to defend democracy are the ones disregarding the fundamental principles of voter choice and fair elections. 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."

In the amicus brief, lawmakers highlight several issues with the Colorado Supreme Court's decision. They argue that the ruling lacks neutral principles and could result in the widespread removal of political opponents from ballots. Additionally, they claim that the decision exceeds the scope of Section 3 of the 14th Amendment, encroaching on Congress's express power.

The lawmakers emphasize that Section 3 does not apply to former President Trump and request the reversal of the Colorado Supreme Court's decision. They argue that enforcing Section 3 requires implementing legislation from Congress to protect candidates from abuse by state officials. Furthermore, Congress has the power to remove a Section 3 "disability" by a two-thirds vote of both Houses, thereby authorizing an otherwise-disqualified individual to "hold" office.

The amicus brief criticizes the Colorado Supreme Court for ordering Trump's removal from the state's presidential primary ballot, despite him being the frontrunner for the Republican primary and favored by many polls to win the next presidential election. The brief contends that the court overlooked textual and structural limitations on Section 3, which are designed to ensure that Congress controls the enforcement and removal of Section 3's "disability" on holding office.

The amicus brief aims to protect the role of Congress in the context of Section 3 of the Fourteenth Amendment and to challenge the Colorado Supreme Court's decision. The brief asserts that the decision not only disregards voter choice and fair elections but also sets a dangerous precedent by bypassing the requirement for Congress to enact specific legislation in such matters.

For more information, the full amicus brief can be found [here](link to the amicus brief).