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House, Senate GOP leaders urge SCOTUS to halt ‘dangerous precedent,’ defend Trump’s ballot access

Amicus brief regarding Trump

An amicus brief in support of former President Donald Trump’s case against the Colorado Supreme Court has been filed by the Republican House and Senate leaders to remove him from the state’s 2024 ballot. The brief has been signed by more than 170 lawmakers.

The brief has been filed by Sen. Ted Cruz, R-Texas, and House Majority Leader Steve Scalise, R-La. They argued that the court’s decision invades the business of the powers of Congress of how Congress must pass authorizing legislation to enforce the 14th Amendment. This has been made the basis of removing Trump from the ballots by the Colorado Supreme Court.

Colorado Court “setting a dangerous precedent”

Sen. Ted Cruz stated to Fox News Digital that the radical left consistently does what they claim their opponents are doing. President Biden and his allies claim they are justifying democracy, but their supporters are working to undermine democracy by banning Biden’s likely general election opponent from appearing on the ballot. He believes that the Supreme Court will see through it because the common people can.

On the other hand, Scalise released a statement that said that the Colorado Court was “setting a dangerous precedent” and “subverting the will of the American people.”

Rights of Colorado Supreme Court

The Colorado Supreme Court has no right to remove the former President from the 2024 presidential elections. Their broad and ill-defined justifications can prevent any candidate from assuming office in the future.

The 29-page amicus brief violates the privilege of the Congress members. They have argued that the court has overlooked various textual and structural limitations in Section 3 of the 14th Amendment. It says that no one is allowed to assume office if they have been included in an insurrection or rebellion against the U.S. government.

After that, the court was criticized for adopting a broad interpretation of what it means to engage in insurrection. They all believe that this could result in the widespread misuse of the 14th Amendment against political opponents.

Brief released by Colorado Supreme Court

The statement released in the brief says that the Colorado Supreme Court’s decision intrudes on those congressional powers first by allowing enforcement of Section 3 without congressional authorization.

If Congress decides to approve enforcement legislation outside of criminal contexts then it also has the option to restrict the scope if it provides a more detailed definition for the terms like engaging in and insurrection.

A factfinding process should be initiated by Congress along with standards of proof that reconcile with the importance of the consequence. It also contends that to make the casting of the opponent’s rhetoric about the outcome of the elections in polarized times. This will encourage many others to obstruct the peaceful transfer of power.

The brief concluded that a sizable portion of the Republican electorate is determined to destroy the democracy of the States. The brief read that When partisan state officials believe so much is at stake, they may go to great lengths to interfere with the ordinary democratic process. That makes it all the more critical to minimize the partisan incentive to boot opponents off the ballot using the incredible sanction of Section 3.”

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