27 States File In Support Of Trump In Supreme Court Ballot Case

Republican attorneys general from more than two dozen states have filed an amicus brief with the Supreme Court backing former president and current GOP presidential frontrunner Donald Trump in his appeal of the Colorado Supreme Court’s decision to block him from the state’s ballot.

The Supreme Court announced on Friday that it had agreed to hear Trump’s appeal. Arguments are scheduled for February 8 and a January 18 deadline has been announced for briefs. Thus far, the Supreme Court has already issued an administrative stay ordering the Colorado Secretary of State to keep Trump’s name on the GOP primary ballot, at least until a final ruling is made.

In the amicus brief, the 27 states warned that the Supreme Court would throw the 2024 presidential election “into chaos” if it did not rule to keep Trump on the ballot.

The document — signed by the Republican attorneys general of Indiana, West Virginia and 25 other states — warned that the Colorado Supreme Court’s decision to deem Trump an “insurrectionist” under the 14th Amendment without being charged as such or facing a trial “has vast consequences that reach far beyond Colorado.”

The state attorneys general went on to argue that state-imposed restrictions on Trump’s ballot access have national consequences in this case, declaring that the decision “threatens to throw the 2024 election into chaos.”

“Voters who may wish to cast their ballots for former President Trump cannot know whether he ultimately will be excluded from the ballot in their State or others. They may wonder whether a little non-mutual offensive collateral estoppel is all it takes for former President Trump to be excluded from ballots across the Nation,” the amicus brief continued.

The Republican attorneys general also asserted that the Colorado Supreme Court’s ruling as to what constitutes an “insurrection” is “standardless and vague” — noting that the court had denied Trump an opportunity for due process, including calling witnesses in his defense and undergoing the discovery process.

“The Colorado Supreme Court has cast itself into a ‘political thicket,’ . . . and it is now up to this Court to pull it out,” they wrote.

The amicus brief then pointed out that, if the Colorado Supreme Court’s ruling is allowed to stand, the American people’s confidence in election integrity will be harmed.

“Many Americans will become convinced that a few partisan actors have contrived to take a political decision out of ordinary voters’ hands,” the brief read.

The Republican attorneys general also called on the Supreme Court to take immediate action, arguing that the justices “should not let the uncertainty persist” and warning that more confusion could arise among the public, especially if additional states block Trump from the ballot in the meantime as the primary season nears.

“Any damage may already have been done by the time another case raising similar issues makes its way back to this Court. And the longer litigation over a national candidate’s eligibility persists, the more uncertainty and confusion will spread. Voters need an answer in time to judiciously weigh the merits of competing candidates before casting their ballots, not after voting has begun,” the amicus brief read.

“The Court should act now to stop all these ‘strange, far-reaching, and injurious results’ from spinning out of control,” the document continued.

The attorneys general concluded by affirming that the voters, not the courts, should have the ultimate decision on who is qualified to serve as president.

“If the voters find former President Trump qualified, and Congress concurs, then the Constitution does not contemplate a time for the judiciary to second-guess that call. Rather, the Constitution gives Congress the sole and final authority to determine whether the President can continue to serve, as many courts have said,” they concluded.