On Thursday, January 18, 2024, America’s Future filed an Amicus brief in the Supreme Court of the United States (SCOTUS) in Donald J. Trump v Norma Anderson, et al., Dkt. No. 23-719. You can access all filings in this case here. Oral argument in this case is scheduled for Thursday, February 8, 2024. The audio will be live streamed, and, thereafter, it will be published on the SCOTUS website here. For additional information regarding oral argument audio recordings and written transcripts, click here.
In this case, America’s Future filed an Amicus brief supportive of the petitioner, former President of the United States, and current leading candidate for U.S. President in 2024, Donald Trump. This case is poised to determine whether America is going to sit idly by while current rulers, political operatives, and a D.C. establishment, continue their assault on our national character and their offensive against all the fundamental legal principles that this country has championed for over two centuries including equal application of the law and the most sacred notion that without due process, no person shall be denied life, liberty, or property. Their assault and offensive must not prevail.
Notwithstanding, the precise issue before the SCOTUS is:
Whether Section 3 of the Fourteenth Amendment applies in this case, and if so, whether President Trump engaged in an insurrection against the United States on January 6, 2021?
The answer is no. The plain text of the Fourteenth Amendment, at Section 3, it reads,
No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellionagainst the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability. [Emphasis added]
By way of background, on December 19, 2024, the Colorado Supreme Court issued a ruling excluding Donald Trump from the 2024 Republican presidential primary ballot. In a 4-to-3 “word salad” opinion, that court ordered that Donald Trump is disqualified from capturing the 2024 election for the Office of the President of the United States based on a malformed legal conclusion that Donald Trump “engaged” in an “insurrection” on January 6, 2021, against the United States, despite presiding over the same at all relevant times, as Commander-In-Chief.
The ruling out of Colorado’s highest court is patently absurd and politically corrupt – in fact, after finding that Donald Trump “engaged in an insurrection” of the United States while President of the United States, the court then made the giant leap that this supposed conduct disqualified Donald Trump from being elected President in 2024 based on its erroneous interpretation of Section 3 of the Fourteenth Amendment. The decision is just one more example of throwing everything at Donald Trump to see what sticks. This won’t. It can’t. No matter the pressure, a square peg won’t fit into a round hole.
Our brief deconstructs this constitutional provision to ensure each word or phrase germane to the issue can be properly understood and meaningfully addressed. After carefully deconstructing the legalese so that it is manageable, the brief employes plain language and short explanations to illustrate precisely that the Colorado Supreme Court erred in its interpretation and application of this constitutional provision to the facts and case at bar.
Furthermore, the Colorado Supreme Court, deemed the following to be true, without one iota of cross-examined, validly tested evidence and in direct violation of Donald Trump’s due process rights: (1) an “insurrection” took place on January 6, 2021; and (2) that on that date, the current frontrunner in the 2024 U.S. presidential election “engaged in an insurrection” against the United States while serving as the 45th U.S. President, Commander-In-Chief, and the leader of the free world.
The December 19, 2023, decision by the Colorado Supreme Court is an affront to liberty, justice, and our U.S. Constitution. By coupling together the fact that the United States Code includes “Rebellion or Insurrection” as a criminal offense under 18 U.S.C. § 2383 along with the fact that no such offense has been charged against Donald Trump despite dozens of bogus criminal charges piled up against him by a weaponized DOJ, a counterfeit administration, and a set of corrupt state prosecutors, the December 19 Colorado Supreme Court decision must be reversed by the SCOTUS with dispatch, as unlawful per se.
We urge the SCOTUS to reverse the Colorado Supreme Court and instruct Colorado to restore President Trump to the Colorado Republican 2024 presidential primary election ballot, as well as the general election ballot.
Editor’s Note: To read all of our Amicus briefs, please visit our Law & Policy page.