McConnell, Senate Republicans sign brief supporting Trump effort to stay on ballot

Senate Minority Leader Mitch McConnell (Ky.) and other Senate Republicans have signed on to a brief supporting former President Trump in his Colorado ballot case at the Supreme Court.

The brief argues that the decision by the Colorado Supreme Court last month to kick the former president off the ballot under Section 3 of the 14th Amendment “tramples the prerogatives of members of Congress.”

The brief was filed by Sen. Ted Cruz (R-Texas) and House Majority Leader Steve Scalise (R-La.) on Thursday, and 177 other members of Congress signed on alongside the two Southern lawmakers. McConnell and Trump have frequently battled, but McConnell joined more than 40 other Senate Republicans in arguing his name should not be taken off the ballot.

“The court below raced past numerous textual and structural limitations on Section 3, which are primarily designed to ensure that Congress controls the enforcement and (if necessary) removal of Section 3’s ‘disability’ on holding office,” the brief reads. 

In a press release, Scalise said the Colorado Supreme Court has “no authority to remove President Trump from the ballot in the 2024 presidential election.”

“By taking away people’s choice, the Colorado Supreme Court is setting a dangerous precedent and subverting the will of the American people,” Scalise said. “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.”

Thursday’s brief follows other briefs from the Republican National Committee (RNC) and the National Republican Congressional Committee (NRCC), and Sen. Steve Daines (R-Mont.) and the National Republican Senatorial Committee (NRSC) earlier this month in support of Trump’s challenge of the Centennial State’s highest court’s decision.

“The Colorado Supreme Court’s decision is historically implausible,” the RNC and NRCC brief read.

The NRCC and RNC brief also went after other states for following a similar path to Colorado.

“The Colorado Supreme Court was the first to take the bait,” the brief reads. “It should have taken the other path.”