Jan 22 2024

WASHINGTON, D.C. – Senator Thom Tillis, member of the Senate Judiciary Committee, and his colleagues recently filed a Supreme Court amicus brief in the case Donald J. Trump v. Norma Anderson, et al. where 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.

Senator Tillis previously led introduction of the Constitutional Election Integrity Act, legislation that would prevent state politicians like the Maine Secretary of State and state entities like the Colorado Supreme Court from disqualifying presidential candidates from the ballot on constitutional matters that should be decided by only the Supreme Court.

Senator Tillis and his 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 urged the U.S. Supreme Court to reverse the Colorado Supreme Court’s decision.

“Regardless of whether you support or oppose former President Donald Trump, it is outrageous to see left-wing activists make a mockery of our political system by scheming with partisan state officials and pressuring judges to remove him from the ballot,” said Senator Tillis. “American voters, not partisan activists, should decide who we elect as our President. The Constitutional Election Integrity Act would put any constitutional challenges in the sole place they belong: the U.S. Supreme Court.”

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.

The full brief is available here