WASHINGTON – Last month, the Colorado Supreme Court issued a ruling which disqualified former President Donald Trump from holding office pursuant to Section Three of the 14thAmendment, which makes it a crime to assist or engage in rebellion or insurrection against the authority of the United States. The ruling directed the Colorado Secretary of State to remove Trump’s name from the state’s presidential primary ballot. This controversial decision disrespects the rights of voters and dilutes the separation of powers within the political system.

Shortly after the ruling was released, former President Trump filed an appeal. The Supreme Court of the United States (SCOTUS) has since agreed to review the Colorado Supreme Court’s ruling.

U.S. Senator Kevin Cramer (R-ND) joined a bicameral amicus brief in support of former President Trump’s appeal before SCOTUS in Trump v. Anderson.

“The Colorado Supreme Court's illegal decision to disqualify President Trump from the ballot raises serious concerns,” said Cramer. “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 common place.”

In the amicus brief, lawmakers argued the Colorado Supreme Court’s decision lacks neutral principals, will lead to widespread removal of political opponents from ballots, and exceeds the scope of Section 3 in a manner that directly encroaches on Congress’s express power. The lawmakers note Section 3 does not apply to former President Trump and request the reversal of the Colorado Supreme Court’s decision.

“As members of Congress, amici have a strong interest in vindicating and protecting the role of Congress in the context of Section 3 of the Fourteenth Amendment,” the brief states. “First, enforcing Section 3 requires implementing legislation from Congress, thereby protecting candidates from abuse by state officials; and second, Congress, by a two-thirds vote of both Houses, has the power to remove a Section 3 “disability” and thereby authorize an otherwise- disqualified individual to “hold” office any time it wants, including during a campaign or after an election. The decision by the Colorado Supreme Court below, however, short-circuited both of those congressional roles.”

“The Colorado Supreme Court ordered Donald Trump removed from the State’s presidential primary ballot, even though he is the current frontrunner for the Republican primary and favored by many polls to win the next presidential election,” the brief continued. “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.”

Click here for the amicus brief.