Sen. Ted Cruz, R-Texas, and House Majority Leader Steve Scalise, R-La., led a brief Thursday to the Supreme Court arguing for keeping former President Donald Trump on the Colorado ballot for 2024. 

The brief had a total of 177 House and Senate Republicans including House Speaker Mike Johnson, R-La., and Senate Minority Leader Mitch McConnell, R-Ky.

Late last year, in the case of Trump v. Anderson, the Colorado Supreme Court ruled 4-3 that Trump could be removed from the state ballot under a 14th Amendment provision that disqualifies anyone who participates in an insurrection from holding federal office. Trump critics contend he is an insurrectionist because of the Jan. 6, 2021 Capitol riot by Trump supporters who attempted to stop Congress from certifying the 2020 election for President Joe Biden.

The brief contends “the Colorado Supreme Court’s opinion tramples the prerogatives of members of Congress.” 

The GOP lawmakers called for the high court to reverse the Colorado ruling.  

“The radical left consistently does what they claim their opponents are doing,” Cruz said in a public statement. “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,” added Cruz, the ranking member of the Senate Judiciary Subcommittee on the Constitution.

The Colorado court’s ruling takes away the choice of the people, Scalise said. 

“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,” Scalise said.

He continued: 

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.

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