Senator Cruz Leads Bicameral Supreme Court Amicus Brief in Support of Former President Donald Trump’s Appeal of Colorado Ballot Disqualification

U.S. Sen. Ted Cruz (R-Texas), member of the Senate Judiciary Committee and ranking member of the Subcommittee on the Constitution, filed a Supreme Court amicus brief in the case Donald J. Trump v. Norma Anderson, et al. House Majority Leader Steve Scalise (R-La.) led the amicus effort in the U.S. House of Representatives and was joined by Speaker Mike Johnson and 135 other Members of Congress. Sen. Cruz is joined on the brief by Sens. Mitch McConnell (R-Ky.), John Barrasso (R-Wyo.), Marsha Blackburn (R-Tenn.), John Boozman (R-Ark.), Mike Braun (R-Ind.), Katie Boyd Britt (R-Ala.), Ted Budd (R-N.C.), Shelly Moore Capito (R-W. Va.), John Cornyn (R-Texas), Tom Cotton (R-Ark.), Kevin Cramer (R-N.D.), Mike Crapo (R-Idaho), Joni Ernst (R-Iowa), Deb Fischer (R-Neb.), Lindsey Graham (R-S.C.), Chuck Grassley (R-Iowa), Bill Hagerty (R-Tenn.), Josh Hawley (R-Mo.), John Hoeven (R-N.D.), Cindy Hyde-Smith (R-Miss.), Ron Johnson (R-Wis.), John Kennedy (R-La.), James Lankford (R-Okla.), Mike Lee (R-Utah), Cynthia Lummis (R-Wyo.), Roger Marshall (R-Kan.), Jerry Moran (R-Kan.), Markwayne Mullin (R-Okla.), Pete Ricketts (R-Neb.), James Risch (R-Idaho), Mike Rounds (R-S.D.), Marco Rubio (R-Fla.), Eric Schmitt (R-Mo.), Rick Scott (R-Fla.), Tim Scott (R-S.C.), Dan Sullivan (R-Alaska), John Thune (R-S.D.), Thom Tillis (R-N.C.), Tommy Tuberville (R-Ala.), J.D. Vance (R-Ohio), and Roger Wicker (R-Miss.).

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. Sen. Cruz, Leader Scalise, 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.

About the brief, Sen. Cruz said, “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.”

Leader Scalise said, “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.”

America First Legal Vice President and General Counsel Gene Hamilton said, “America First Legal is honored to submit this historic and critical brief with our good friends at Boyden Gray on behalf of these 179 courageous and patriotic members of Congress in support of President Trump’s case before the Supreme Court of the United States. The Colorado Supreme Court’s decision threatens the very legal fabric that binds our constitutional republic together, and it cannot stand.”

The full brief is available here.