The District Court also determined that the President of the United States is not “an officer of the United States” for purposes of the Disqualification Clause of the Fourteenth Amendment to the United States Constitution. [...] Amici respectfully submit that the District Court correctly decided the issue of Trump’s engagement in insurrection, but incorrectly decided the question of whether the President is “an officer of the United States.” Whether the findings and conclusions of the District Court are ultimately affirmed or reversed, amici respectfully urge this Court to keep the focus of the appeal fixed upon the subst. [...] Trump’s qualification for the ballot multiply across the country, time is of the essence in ensuring that the critical questions of his qualification or disqualification from the office of the Presidency are placed before the Supreme Court of the United States for decision on their merits as soon as possible. [...] The understanding that the President is “an officer of the United States” extends not only to the time of the drafting of the Fourteenth Amendment; it extends to the drafting and ratification of the Constitution itself. [...] Trump engaged in insurrection against the Constitution of the United States, and that the Court REVERSE the finding of the District Court that the office of the Presidency is not an “office…under the United States” and the President is not “an officer of the United States” for purposes of the Disqualification Clause.
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Table of Contents
- COLORADO SUPREME COURT 1
- Petitioners-Appellants Respondent-Appellee and Intervenors Attorney for Amicus Curiae Colorado Cause and Mary Estill Buchanan 1
- BRIEF OF AMICUS CURIAE COLORADO COMMON CAUSE AND 2
- MARY ESTILL BUCHANAN IN SUPPORT OF PETITIONERS- 2
- APPELLANTS NORMA ANDERSON MICHELLE PRIOLA CLAUDINE CMARADA KRISTA KAFER KATHI WRIGHT AND CHRISTOPHER 2
- CASTILIAN 2
- Certificate Of Compliance 3
- Table Of Contents 4
- Table Of Authorities 5
- CASES 5
- Burdick v. Takushi 5
- Charge to Grand Jury 5
- Citizens United v. Federal Election Commission 5
- Colorado Libertarian Party v. Secretary of State of Colo. 5
- Custer County Action Assn v. Garvey 5
- De La Fuente v. Simon 5
- Engblom v. Carey 5
- Figueroa v. Speers 5
- Growe v. Simon 5
- Hanlen v. Gessler 5
- Hassan v. Colorado 5
- Jarrolt v. Moberly 103 U.S. 580 1880 5
- Marbury v. Madison 5
- Martin v. Hunters Lessee 5
- Purcell v. Gonzalez 5
- Quern v. Jordan 5
- Republican Party of Minnesota v. White 6
- Storer v. Brown 6
- Telluride Co. v. Varley 6
- Tiwari v. Friedlander 6
- Wood v. People 6
- STATUTES 6
- OTHER AUTHORITIES 6
- Statement of Interests 7
- Amici Curiae 7
- I. Introduction 8
- Id. 9
- Amici 9
- Amici 10
- II. Challenges to Jurisdiction Justiciability and the Appeal to Populism 10
- Marbury v. 11
- Madison 11
- A. Challenges to the Courts Jurisdiction 11
- Wood v. People 11
- See 11
- Telluride Co. v. Varley 11
- Regardless of 11
- Hanlen v. Gessler 12
- Id. 12
- Hassan v. Colorado 12
- Purcell v. Gonzalez 12
- Storer v. Brown 13
- Burdick v. Takushi 13
- Hassan 13
- B. Challenges to Justiciability 14
- Growe v. Simon Growe 14
- Id. citing De La Fuente v. Simon 14
- Growe 14
- See De La Fuente 15
- Growe 15
- De La Fuente 15
- De La 15
- Fuente 15
- Colorado is not one of those states. 15
- Hanlen v. Gessler 15
- Hanlen 16
- Figueroa v. Speers 16
- Figueroa 16
- Id. Figueroa 17
- Id. 17
- Figueroa v. Speers 18
- C. Appeals to Democracy 18
- Republican Party of Minnesota v. White 19
- Tiwari v. Friedlander 20
- Citizens United v. Federal Election 20
- Commission 20
- See e.g. Martin v. Hunters Lessee 20
- Quern v. Jordan 20
- Jarrolt v. Moberly 21
- See Custer County Action Assn v. Garvey 21
- Engblom v. Carey 21
- III. Conclusion 22
- Government by law is imperiled and that issue is 22
- In re Charge to Grand Jury 22
- Amici 22
- See e.g. 23
- Amici 24
- Counsel for Colorado Common Cause 24
- Certificate Of Service 25
- MOTION FOR LEAVE TO FILE BRIEF FOR 25
- COLORADO COMMON CAUSE AND MARY ESTILL BUCHANAN IN 25
- SUPPORT OF PETITIONERS-APPELLANTS NORMA ANDERSON 25
- MICHELLE PRIOLA CLAUDINE CMARADA KRISTA KAFER KATHI 25
- WRIGHT AND CHRISTOPHER CASTILIAN 25
