The attorneys general of Indiana, West Virginia and 25 other states, warn the court that this novel theory will produce “chaos” in the country.
“The Colorado Supreme Court has cast itself into a ‘political thicket,’ Evenwel v. Abbott, 578 U.S. 54, 58, (2016), and it is now up to this Court to pull it out. ‘Confidence in the integrity of our electoral processes is essential to the functioning of our participatory democracy.’ Purcell v. Gonzalez, 549 U.S. 1, 4 (2006) (per curiam). If the Colorado decision stands, that critical confidence will be harmed. Many Americans will become convinced that a few partisan actors have contrived to take a political decision out of ordinary voters’ hands.”
Advocates are pushing this dangerous theory at a time of deepening divisions in our country. As I have previously said, the four Colorado justices are recklessly throwing matches at a powder keg. That is why I am hopeful that at least one of the liberal justices will follow the lead of the three democratically appointed Colorado justices, who dissent from this anti-democratic decision.
Here is the filing: Trump Ballot Amicus