In a concerted effort led by Sen. Ted Cruz (R-Texas) and House Majority Leader Steve Scalise (R-La.), a group of 177 House and Senate Republicans, including House Speaker Mike Johnson (R-La.) and Senate Minority Leader Mitch McConnell (R-Ky.), filed a brief to the Supreme Court on Thursday advocating for the inclusion of former President Donald Trump on the Colorado ballot for the 2024 election.
The legal action stems from the Colorado Supreme Court’s 4-3 decision in Trump v. Anderson late last year, which ruled that Trump could be disqualified from the state ballot based on a 14th Amendment provision.
This provision deems individuals participating in an insurrection ineligible for federal office. Critics of Trump point to the Capitol riot on January 6, 2021, as evidence of his insurrectionist involvement.
The brief presented by the GOP lawmakers argues that the Colorado Supreme Court’s decision infringes upon the prerogatives of congressional members and urges the U.S. Supreme Court to overturn the ruling, asserting that it undermines the separation of powers outlined in the Constitution.
Sen. Cruz, in a public statement, accused the radical left of undermining democracy by preventing Trump, a likely opponent of President Joe Biden in the general election, from appearing on the ballot. He emphasized the importance of defending the Constitution’s separation of powers and the American people’s right to determine their next president. Cruz, serving as the ranking member of the Senate Judiciary Subcommittee on the Constitution, expressed confidence that the Supreme Court would recognize the issue.
House Majority Leader Scalise echoed the sentiment, stating that the Colorado court’s decision deprives the people of their choice. The legal battle reflects the ongoing tension within the Republican Party and the broader political landscape, with legal interpretations of the 14th Amendment becoming a focal point in determining eligibility for political office.