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Kelly, Scalise File Amicus Brief Supporting President Trump’s Colorado Ballot Disqualification Appeal

January 19, 2024

WASHINGTON, D.C. -- On Thursday, U.S. Rep. Mike Kelly (R-PA) joined House Majority Leader Steve Scalise (R-LA), Senator Ted Cruz (R-TX) in filing a Supreme Court amicus brief in the case Donald J. Trump v. Norma Anderson, et al. Kelly, Leader Scalise and Sen. Cruz were joined on the brief by Speaker Mike Johnson (R-La.), 135 other House Republicans, and 41 other Senate Republicans.

In Trump v. Anderson, the U.S. Supreme Court is weighing whether former President Donald Trump should remain on the ballot in the State of Colorado, after the Colorado Supreme Court ruled that he should be removed, even though he is the current frontrunner to be the Republican Party’s presidential candidate. Leader Scalise, Sen. Cruz, and their colleagues argue in their brief that “the Colorado Supreme Court’s opinion tramples the prerogatives of members of Congress.” They argue that the court “raced past numerous textual and structural limitations … which are primarily designed to ensure that Congress controls the enforcement and removal” of a president from office, and that the court “adopted a malleable and expansive view of ‘engage in insurrection,’ which will easily lead to widespread abuse” against the political opponents of those in power in the U.S. The legislators urge the U.S. Supreme Court to reverse the Colorado Supreme Court’s decision.

 

"President Biden and the Democrats are touting the idea that they are the defenders of democracy, but they are the ones who are weaponizing state election laws to prevent Americans from voting for their leading political opponent. The Colorado Supreme Court's justification to remove President Trump from the ballot is ill-defined and sets a dangerous precedent for how the American people select and vote for their presidential candidates. In any other country, we would call this a banana republic. Let's be clear: President Trump has earned the right to be on the Colorado ballot and the ballots of every state and territory in the United States," said Rep. Mike Kelly (R-PA).


“President Biden has based his reelection effort on the notion that he is safeguarding democracy, but he and his radical allies are attempting to undermine the central component of the democratic process – the people’s power to choose their leaders through elections. Not only does the Colorado Supreme Court have no authority to remove President Trump from the ballot in the 2024 presidential election, but the broad and ill-defined justifications they use can easily be abused in the future to block political opponents from assuming office. By taking away people’s choice, the Colorado Supreme Court is setting a dangerous precedent and subverting the will of the American people. I’m proud to lead this amicus effort with Senator Cruz to stand up for American voters and our Constitution, and I urge the Supreme Court to thoughtfully consider our arguments and reverse this disastrous decision,” said Majority Leader Steve Scalise.

“The radical left consistently does what they claim their opponents are doing. While President Biden and his allies claim they are defending democracy, their supporters are working to undermine democracy by banning Biden’s likely general election opponent from appearing on the ballot. The American people see through this, and I’m confident the Supreme Court will as well. I’m proud to work with Leader Scalise and our fellow legislators to defend the Constitution’s separation of powers, and the ability of the American people to decide who their next president will be,” said Sen. Ted Cruz.

Click here to view the full amicus brief.