Brief explains to Supreme Court how Colorado judges blundered badly

By Bob Unruh

U.S. Supreme Court in Washington, D.C. (Image by Mark Thomas from Pixabay)
U.S. Supreme Court in Washington, D.C. (Image by Mark Thomas from Pixabay)

A brief has been filed with the U.S. Supreme Court explaining how Democrat judges in Colorado blundered badly on a constitutional question when they removed President Donald Trump’s name from the 2024 presidential primary ballot.

The American Center for Law and Justice is representing the Colorado GOP in the case, and Trump’s lawyers will be filing additional arguments.

At issue is the lawfare that Democrats, afraid that their candidate, Joe Biden, will lose to Trump in the 2024 race, have been waging against Trump. They want him removed from the ballot, so they won’t have to worry about a Biden loss.

Their claim is that he’s an “insurrectionist” because of his comments on the faults that were found in the 2020 election.

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But he’s never been charged with such a crime, and when Democrats in Congress made a similar complaint, he was acquitted by the Senate.

The ACLJ reported that there are those trying to “misappropriate the 14th Amendment to keep voters from choosing the candidates of their choice.”

“In Trump v. Anderson, the Supreme Court will determine whether the Colorado Supreme Court erred by removing former President Trump from the presidential ballot and preventing the Republican Party from having the chance to select him as a presidential candidate. We represent the Colorado Republican Party, a party in the case, and are defending at the Supreme Court the Colorado Republican Party’s right to freely select its own presidential candidates,” the report said.

It continued, “There are many reasons why the novel theories the Colorado Supreme Court has adopted are irreconcilable with the law.”

Its brief focused on several of the leading reasons.

“First, the President is not an officer of the United States to whom Section Three of the Fourteenth Amendment applies. Second, Section Three is not self-executing; that is, Section Three does not, absent congressional implementation, empower the fifty states and the District of Columbia each to veto national presidential candidates in their separate jurisdictions,” the report said.

“Third, Section Three only applies to holding office, not running for office. Congress can remove any Section Three disqualification, which means Section Three provides no absolute obstacle to a particular candidate holding office, much less running for that office. Fourth, barring political parties from choosing their own candidates violates the right of association protected by the First Amendment.”

The ACLJ reported, “There are a host of legal reasons why the Colorado Supreme Court’s decision cannot be sustained. Never before has a former president been removed from the ballot, and there is a reason. In our brief, we have shown how precedent and history confirm that Section Three doesn’t even apply to the president and how Section Three cannot be applied on a whim by a state. Secretaries of State lack the authority to decide for themselves that a candidate is disqualified for ‘insurrection.’ Moreover, Section Three only prevents people from holding certain offices. It says nothing about whether they can run for office.”

The report said, “The question at the heart of this case is whether the people or the courts will select our country’s next president. We are urging the Supreme Court to ensure the decision remains with the people – where it belongs.”

IMPORTANT NOTE TO WND READERS: For America’s ruling elites, nothing is more precious, wonderful and life-giving to their great cause than the Jan. 6, 2021 “insurrection” at the U.S. Capitol. It’s irrelevant that the events didn’t come remotely close to constituting an actual “insurrection,” or that both police and over 200 undercover FBI assets provoked the riot – which Tucker Carlson calls a “set-up.” Yet Vice President Kamala Harris still insists the minor riot was just as horrific as the 9/11 terror attacks and Japanese surprise attack on Pearl Harbor.

WHY are the elites doing this?

It’s not just because convicting, imprisoning, torturing and destroying the lives of hundreds of Trump supporters is meant to terrify and intimidate millions of Americans into submission. And it’s not just because activist judges and bureaucrats in over 30 states are absurdly trying to keep Trump off their state’s election ballots by citing the 14th Amendment’s prohibition against anyone who “engaged in insurrection” from holding elective office.

It’s because the elites’ destruction of America is so rapid, horrendous and obvious that they feel compelled to turn their opponents into monsters – or lose power at the next election. But that doesn’t mean just calling conservatives and Christians “racists,” “white supremacists,” “radical extremists” and “domestic terrorists” as they do continually. They know much more is needed.

Question: What if, far from being horrified by a half-baked riot they absurdly claim is worse than any domestic disturbance since the Civil War, the left actually LOVES the idea of violence on the right – the worse the better – since it perfectly serves their agenda? Increasingly, all the evidence strongly suggests today’s power-mad leftist elites not only intend to intimidate and discredit their political opponents by calling them terrorists, they mean to provoke actual violence.

The secret strategies and shocking tactics of today’s ascendant far-left elites are exposed as perhaps never before in the January issue of WND’s critically acclaimed monthly Whistleblower magazine, headlined “INCITING VIOLENCE: DEMS’ SECRET STRATEGY FOR STAYING IN POWER.”

WHISTLEBLOWER is available in both the popular print edition and a state-of-the-art digital version, either single issues or discounted annual subscriptions.

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Bob Unruh

Bob Unruh joined WND in 2006 after nearly three decades with the Associated Press, as well as several Upper Midwest newspapers, where he covered everything from legislative battles and sports to tornadoes and homicidal survivalists. He is also a photographer whose scenic work has been used commercially. Read more of Bob Unruh's articles here.


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