Former President Donald J. Trump has received an astonishing show of support from the attorneys general of 27 states who have filed amicus briefs to the U.S. Supreme Court in favor of Trump’s assertion of presidential immunity for his actions on January 6th, 2021. In the text of the brief the AGs warn that striking Trump from the 2024 ballot could cause “chaos” in the election with “vast consequences that reach far beyond Colorado.”
In the 36-page amicus brief, the states, led by Indiana and West Virginia, have called upon the Supreme Court to “prevent state courts from usurping Congress’s exclusive power,” and even invoke the words of founding father James Madison who “thought it was “out of the question” that the federal judiciary would be called upon to decide the presidency, let alone 50 state systems.” Indeed they write that the Colorado Supreme Court not only erred but rather “intruded into an arena where courts previously have feared to tread.”
They explained, “Voters who may wish to cast their ballots for former President Trump cannot know whether he ultimately will be excluded from the ballot in their State or others.”
“Many Americans will become convinced that a few partisan actors have contrived to take a political decision out of ordinary voters’ hands,” the states warned.
The brief, as analyzed by Fox News, gives the final and resounding argument that the decision of who is qualified to serve as president of the United States does not reside with the states or the courts but as it is specifically mandated by the Constitution: with the Congress and the voters.
“If the voters find former President Trump qualified, and Congress concurs, then the Constitution does not contemplate a time for the judiciary to second-guess that call. Rather, the Constitution gives Congress the sole and final authority to determine whether the President can continue to serve, as many courts have said.”
These 27 states now join the Republican National Committee and the House GOP Campaign Committee in filing Amicae briefs in Trump’s favor. The Supreme Court is expected to hear arguments on Jan. 8th. Indiana and West Virginia were enjoined by Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, and North Dakota.