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Congressman Flood Joins Amicus Brief Supporting President Trump’s Colorado Ballot Disqualification Appeal

January 18, 2024

WASHINGTON, D.C. – Today, Congressman Mike Flood joined House Majority Leader Steve Scalise (R-LA), Senator Ted Cruz (R-TX), and more than 170 other Members of the House and Senate to file a Supreme Court amicus brief in the case Donald J. Trump v. Norma Anderson, et al. Leader Scalise and Sen. Cruz.

“Washington liberals have made ‘protecting democracy’ a clarion call for years. Now, their state-level counterparts have decided they can throw their political enemy, Donald J. Trump, off the ballot. Tossing political opponents from the ballot is a dangerous precedent to set for our country and opens the door to political parties trying to decide elections before a single vote has been cast. I am pleased the U.S. Supreme Court has taken up this case and urge their serious consideration of it, so we can protect our democratic process and the future of the American republic,” said Congressman Flood.

In Trump v. Anderson, 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 he should be removed, even though he is the current frontrunner to be the Republican Party’s presidential candidate. Leader Scalise, Sen. Cruz, and their colleagues argue in their brief “the Colorado Supreme Court’s opinion tramples the prerogatives of members of Congress.”

They argue 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 urge the U.S. Supreme Court to reverse the Colorado Supreme Court’s decision. 

“President Biden has based his reelection effort on the notion that he is safeguarding democracy, but he and his radical allies are attempting to undermine the central component of the democratic process – the people’s power to choose their leaders through elections. Not only does the Colorado Supreme Court have no authority to remove President Trump from the ballot in the 2024 presidential election, but the broad and ill-defined justifications they use can easily be abused in the future to block political opponents from assuming office. By taking away people’s choice, the Colorado Supreme Court is setting a dangerous precedent and subverting the will of the American people. I’m proud to lead this amicus effort with Senator Cruz to stand up for American voters and our Constitution, and I urge the Supreme Court to thoughtfully consider our arguments and reverse this disastrous decision,” said Majority Leader Steve Scalise.

“The radical left consistently does what they claim their opponents are doing. While President Biden and his allies claim they are defending democracy, their supporters are working to undermine democracy by banning Biden’s likely general election opponent from appearing on the ballot. The American people see through this, and I’m confident the Supreme Court will as well. I’m proud to work with Leader Scalise and our fellow legislators to defend the Constitution’s separation of powers, and the ability of the American people to decide who their next president will be,” said Sen. Ted Cruz.

Click here to view the full amicus brief.