{"id":14272,"date":"2024-01-19T01:46:53","date_gmt":"2024-01-19T01:46:53","guid":{"rendered":"https:\/\/shareperformanceinsight.com\/index.php\/2024\/01\/19\/house-senate-gop-leaders-urge-scotus-to-halt-dangerous-precedent-defend-trumps-ballot-access\/"},"modified":"2024-01-19T01:46:53","modified_gmt":"2024-01-19T01:46:53","slug":"house-senate-gop-leaders-urge-scotus-to-halt-dangerous-precedent-defend-trumps-ballot-access","status":"publish","type":"post","link":"https:\/\/shareperformanceinsight.com\/index.php\/2024\/01\/19\/house-senate-gop-leaders-urge-scotus-to-halt-dangerous-precedent-defend-trumps-ballot-access\/","title":{"rendered":"House, Senate GOP leaders urge SCOTUS to halt \u2018dangerous precedent,\u2019 defend Trump\u2019s ballot access"},"content":{"rendered":"
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FIRST ON FOX: <\/strong>Republican <\/strong>House and Senate leaders filed an amicus brief in support of former President Donald Trump\u2019s case against the Colorado Supreme Court for removing him from the state\u2019s 2024 ballot. More than 170 lawmakers signed the brief.\u00a0<\/p>\n

Sen. Ted Cruz, R-Texas, and House Majority Leader Steve Scalise, R-La., filed the brief on Thursday, arguing the court\u2019s decision \u2018encroaches\u2019 on Congress\u2019 powers and that Congress must pass authorizing legislation to enforce the 14th Amendment, which the Colorado Supreme Court cited as the basis for removing Trump.\u00a0<\/p>\n

\u2018The 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\u2019s likely general election opponent from appearing on the ballot,\u2019 Cruz said in a statement to Fox News Digital. \u2018The American people see through this, and I\u2019m confident the Supreme Court will as well.\u2019<\/p>\n

Scalise said in a statement that the Colorado court is \u2018setting a dangerous precedent\u2019 and \u2018subverting the will of the American people.\u2019<\/p>\n

\u2018Not 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,\u2019 he said.\u00a0<\/p>\n

House Majority Whip Tom Emmer, R-Minn., one of the lawmakers who signed the brief, said \u2018liberal activist judges\u2019 are weaponizing the legal system against Trump \u2018solely because they despise him.\u2019<\/p>\n

Sen. John Kennedy, R-La., another signer, said the Colorado Supreme Court \u2018mis-stepped and overstepped.\u2019<\/p>\n

Lawmakers assert in the 29-page amicus brief that it infringes on the prerogatives of Congress members and argue the court overlooked various textual and structural limitations in Section 3 of the 14th Amendment, which says no one shall assume office if they have engaged in insurrection or rebellion against the U.S. government.<\/p>\n

Additionally, they criticized the court for adopting a broad interpretation of what it means to \u2018engage in insurrection,\u2019 which they believe could result in the widespread misuse of the 14th Amendment against political opponents.<\/p>\n

\u2018The Colorado Supreme Court\u2019s decision severely intrudes on those congressional powers first by allowing enforcement of Section 3 without congressional authorization, and then by concluding that Section 3 authorizes a state to de-ballot a candidate,\u2019 the brief states. \u2018The Fourteenth Amendment expressly gives Congress the \u2018power to enforce, by appropriate legislation, the provisions of this article.\u2019\u2019\u00a0<\/p>\n

\u2018In other words, Section 3 enforcement mechanisms are left to Congress, not to a patchwork of state officials and courts,\u2019 lawmakers wrote.\u00a0<\/p>\n

The brief states that if Congress decides to approve enforcement legislation outside of criminal contexts, it has the option to narrow down the scope by providing more specific definitions for terms like \u2018engaging in\u2019 and \u2018insurrection.\u2019\u00a0<\/p>\n

\u2018Congress could even require a factfinding process and standards of proof that accord with the gravity of the consequence,\u2019 the brief read.<\/p>\n

The brief contends that \u2018in polarized times, it is easy to cast an opponent\u2019s rhetoric about the outcome of elections as encouraging others to obstruct the peaceful transfer of power.\u2019<\/p>\n

\u2018According to President Biden, a sizable portion of the Republican electorate, if not all of it, is determined to destroy democracy,\u2019 the brief read. \u2018When partisan state officials believe so much is at stake, they may go to great lengths to interfere with the ordinary democratic process. That makes it all the more critical to minimize the partisan incentive to boot opponents off the ballot using the incredible sanction of Section 3.\u2019\u00a0<\/p>\n

In December, the Colorado Supreme Court disqualified Trump from appearing on the state\u2019s ballots in 2024.<\/p>\n

The disqualification, which was made under the 14th Amendment of the U.S. Constitution, is related to the Capitol riot on Jan. 6, 2021.<\/p>\n

\u2018We do not reach these conclusions lightly,\u2019 the court\u2019s majority wrote. \u2018We are mindful of the magnitude and weight of the questions now before us. We are likewise mindful of our solemn duty to apply the law, without fear or favor, and without being swayed by public reaction to the decisions that the law mandates we reach.\u2019<\/p>\n

In a previous ruling, Colorado District Judge Sarah B. Wallace allowed Trump to stay on the ballot, but found that Trump \u2018engaged in insurrection\u2019 for his role in the Jan. 6 Capitol riot.<\/p>\n

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Colorado Secretary of State Jena Griswold said in a statement that she would \u2018continue to follow court guidance on this important issue.\u2019<\/p>\n

\u2018The Colorado Supreme Court has ruled that Donald Trump is barred from the Colorado ballot for inciting the\u00a0January 6\u00a0insurrection and attempting to overturn the 2020 Presidential Election. This decision may be appealed,\u2019 Griswold wrote.<\/p>\n

Fox News\u2019 Bill Mears and Adam Sabes contributed to this report.\u00a0<\/p>\n<\/div>\n

This post appeared first on FOX NEWS<\/div>","protected":false},"excerpt":{"rendered":"

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