Today, our firm filed an amicus brief opposing an effort to remove President Trump from the primary ballot in Colorado. The challengers claim that Trump engaged in “insurrection” and thus is ineligible to be President under Section 3 of the Fourteenth Amendment, and the Colorado Supreme Court agreed, in a 4-3 decision. Our amicus brief urged the U.S. Supreme Court to decide only the Section 3 issue and not rule either on the state authority to determine presidential eligibility or matters of Colorado law. Our brief argued that the plain text of Section 3 does not apply to President Trump, and regardless, he did not engage in “insurrection.”
