Latest Update
On January 5, 2024, the Supreme Court granted cert in the case and ordered arguments to be held on February 8, 2024. Read selected filings below. The full filings can be accessed on the Supreme Court docket here.

 

Donald Trump is disqualified from serving as president under Section 3 of the 14th Amendment based on his incitement of insurrection on January 6, 2021, and must be removed from the Colorado Republican primary, according to a lawsuit filed by six Colorado voters. Citizens for Responsibility and Ethics in Washington and the Colorado-based law firms of Tierney Lawrence Stiles LLC, KBN Law LLC, and Olson Grimsley Kawanabe Hinchcliff & Murray LLC are co-counsel on the case, which seeks to bar Donald Trump from appearing on the ballot. 

Section 3 of the 14th Amendment bars anyone from holding office if they swore an “oath… to support the Constitution of the United States” as a federal or state officer and then “engaged in insurrection or rebellion” against the Constitution or gave “aid or comfort” to insurrectionists. Trump served as President of the United States from January 2017 to 2021. Upon taking office, he swore to uphold the Constitution and uphold our democracy. 

Throughout the 2020 presidential election, Donald Trump enacted a plan to subvert the election. He fabricated doubts about the integrity of electoral systems and used his power to threaten public officials and anger his supporters.  The anger built up to January 6th, when tens of thousands of his supporters gathered to “Stop the Steal” where he encouraged them to be “wild” and to “fight like hell” to stop the election certification process. The mob that Trump assembled and exhorted proceeded to storm the Capitol building in support of Trump. He incited an insurrection and disqualified himself from serving in any office–including the presidency.

CREW has already successfully used the 14th Amendment to remove another insurrectionist from office. Couy Griffin, a New Mexico county commissioner, was part of the mob on the Capitol grounds the day of the insurrection. A New Mexico court ruled the January 6th attack was an insurrection and that Griffin engaged in it despite the fact that he was not violent himself that day and did not enter the Capitol building. Upon the judge’s ruling that Griffin was disqualified under Section 3 of the 14th Amendment, he was immediately removed from office. That case was the first enforcement of Section 3 in court in more than 150 years, and it set a strong precedent for CREW’s lawsuit in Colorado against Donald Trump. 

Check back here for updates on the lawsuit and to find relevant legal filings. 

Trump appeal to SCOTUS

  • Petition for a writ of certiorari filed
    January 3, 2024
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  • Brief amici curiae of Senator Steve Daines & NRSC
    Brief amici curiae of Senator Steve Daines & National Republican Senatorial Committee filed. VIDED. January 3, 2024
    Read here
  • Letter from counsel for respondent CRSCC filed
    Letter from counsel for respondent Colorado Republican State Central Committee filed. January 4, 2024
    Read here
  • Brief in response to the petition
    Brief in response to the petition for a writ of certiorari of respondent Norma Anderson, et al. filed. January 4, 2024
    Read the brief
    Read the appendix
  • Amicus brief of RNC and NRCC submitted
    Amicus brief of Republican National Committee and National Republican Congressional Committee submitted. January 5, 2024
    Read here
  • Amicus brief of States submitted
    Amicus brief of States of Indiana, West Virginia, 25 Other States, and the Arizona Legislature submitted. January 5, 2024
    Read here
  • Amici in Trump 14th Amendment case briefs
    Amici in Trump 14th Amendment case submit briefs to Supreme Court.
    Read here
    Read here
  • Merits Brief of Donald Trump, petitioner
    January 18, 2024
    Read here
  • Merits Brief of Anderson, respondents
    Brief of the Merits for Anderson Respondents. January 26, 2024
    Read here
  • Motion for divided argument and time enlargment
    Motion for divided argument and enlargement of time for oral argument filed by respondent GRANTED IN PART. February 2, 2024
    Read here
  • Reply of respondent CRSCC
    Reply of respondent Colorado Republican State Central Committee in support of reversal filed. (Distributed) February 5, 2024
    Read here
  • Reply Brief of Petitioner Donald Trump
    February 5, 2024
    Read here

CO Republican party appeal to SCOTUS

  • Petition for writ of centiorari
    December 27, 2023
    Read the petition
    Read the appendix
  • Motion of petitioner to expedite
    Motion of petitioner to expedite consideration of the petition for a writ of certiorari. December 27, 2023
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  • Motion of the Anderson respondents to expedite
    Motion of the Anderson respondents to expedite briefing on the petition for a writ of certiorari and for expedited merits briefing if the petition is granted filed. December 28, 2023
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  • Response of the Anderson respondents to petitioner
    Response of the Anderson respondents to petitioner's motion to expedite filed. December 28, 2023
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  • Brief of Norma Anderson, et al. in opposition
    Brief of Norma Anderson, et al. in opposition submitted. January 2, 2024
    Read the brief
    Read the appendix
  • Brief of Jena Griswold, CO Secretary of State
    Brief of Jena Griswold, Secretary of State of Colorado in support submitted. January 2, 2024
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  • Brief amici curiae of Senator Steve Daines & NRSC
    Brief amici curiae of Senator Steve Daines & National Republican Senatorial Committee filed. VIDED. January 3, 2024
    Read here
  • Waiver of right of Donald J. Trump to respond
    Waiver of right of respondent Donald J. Trump to respond filed. January 4, 2024
    Read here
  • Amicus brief of Brian J. Martin submitted
    Amicus brief of Brian J. Martin submitted. January 4, 2024
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  • Reply of CRSCC submitted
    Reply of Colorado Republican State Central Committee submitted. January 4, 2024
    Read here
  • Letter to Scott Harris waiving response of Trump
    Letter to Scott Harris waiving response of Donald J. Trump submitted. January 4, 2024
    Read here
  • Amicus brief of PILF and Hans von Spakovsky
    Amicus brief of Public Interest Legal Foundation and Hans von Spakovsky submitted. January 4, 2024  
    Read here
  • Amicus brief of 45 Colorado Registered Electors
    Amicus brief of 45 Colorado Registered Electors as Amici Curiae in Support of Petitioner submitted. January 5, 2024
    Read here

Colorado Supreme Court appeal documents

  • Opening brief of petitioners
    November 20, 2023
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  • Petitioners' application for review
    Application for review under § 1-1-113(3) C.R.S. November 20, 2023
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  • Intervenor's application for review
    Application for review and adjudication November 20, 2023
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  • Amicus brief of Prof. Mark Graber
    November 20, 2023
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  • Amicus of Constitutional Accountability Center
    November 20, 2023
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  • Opening-Answer Brief
    November 27, 2023
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  • CO GOP Answer Brief to the Appellant Opening Brief
    Colorado Republican State Central Committee's Answer Brief to the Appellant Elector's Opening Brief November 27, 2023
    Read more
  • Amicus Brief of Free Speech for People
    Brief of Amicus Curia Free Speech for People in Support of Petitioners-Appellants Norma Anderson, ET AL. November 28, 2023
    Read more
  • Amici Brief of Professors Anderson and Farrell
    Brief of Amici Curiae Professors Carol Anderson and Ian Farrell in Support of Petitioners-Appellees/Cross-Appellants November 29, 2023
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  • Amici Brief of Floyd Abrams, Bruce Ackerman, et al
    Brief of Amici Floyd Abrams, Bruce Ackerman, Maryam Ahranjani, Lee C. Bollinger, Erwin Chemerinsky, Alan Chen, Kent Greenfield, Martha Minow, and Geoffrey R. Stone in Support of Petitioners-Appellants November 29, 2023
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  • Amicus of CO Common Cause & former CO SoS Buchanan
    Brief of Amicus Curiae Colorado Common Cause and former CO Secretary of State Mary Estill Buchanan in Support of Petitioners-Appellants Norma Anderson, Michelle Priola, Claudine Cmarada, Krista Kafer, Kathi Wright, and Christopher Castilian November 29, 2023
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  • Petitioners' Answer-Reply Brief
    December 1, 2023
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  • Trump's Reply in Support of His Opening Brief
    December 4, 2023
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  • Decision
    2023 CO 63, December 19, 2023
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Trial transcripts

State lawsuit documents

  • Complaint
    September 6, 2023
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  • Motion for expedited case management conference
    September 6, 2023
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  • Secretary of State Signed Waiver and Acceptance
    September 6, 2023
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  • Notice of Filing of Notice of Removal
    Notice of filing of notice of removal to the United States District Court for the District of Colorado September 7, 2023
    Read more
  • Motion to Intervene from Colorado Republican Party
    September 14, 2023
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  • Order on Motion to Intervene
    September 14, 2023
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  • Verified Petition to Intervene
    September 14, 2023
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  • Griswold Notice of Partial Consent to Intervention
    September 17, 2023
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  • Order on Motion to Intervene Granted
    September 18, 2023
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  • Motion to Dismiss from Colorado Republican Party
    Colorado Republican State Central Committee's Motion to Dismiss Pursuant to Colorado Rule of Civil Procedure 12(B)(5) September 22, 2023
    Read More
  • Donald J. Trump's Motion to Dismiss via SLAPP
    Donald J. Trump's Special Motion to Dismiss Pursuant to C.R.S § 13-20-1101(3)(A) September 22, 2023
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  • Respondent Donald J. Trump's Motion to Dismiss
    September 22, 2023
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  • Motion to Dismiss Intervenor's First Claim
    Motion to Dismiss Intervenor's First Claim Under C.R.C.P 12(b)(1) September 22, 2023
    Read More
  • Protective Order
    September 22, 2023
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  • CO GOP Response to Motion to Dismiss First Claim
    Colorado Republican State Central Committee's Response to Petitioners' Motion to Dismiss Intervenor's First Claim Under C.R.C.P. 12(b)(1) September 29, 2023
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  • Response to Respondent Trump's Motion to Dismiss
    September 29, 2023
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  • Secretary of State Response to Motions to Dismiss
    Secretary of State's Omnibus Response to Motions to Dismiss September 29, 2023
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  • Respondent Donald J. Trump's Motion to Dismiss
    September 29, 2023
    Read More
  • Colorado GOP Motion for Judgment on the Pleadings
    Colorado Republican State Central Committee's Motion for Judgment on the Pleadings Under Rule 12/Judgement as a Matter of Law Under Rule 56 September 29, 2023
    Read More
  • Opposition to Anti-SLAPP Motion to Dismiss
    Petitioners' Opposition to Respondent Trump's Anti-SLAPP Motion to Dismiss September 29, 2023
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  • Order Re Court Requests After Reviewing Pleadings
    Order Re Court requests after reviewing pleadings filed on September 29, 2023 October 2, 2023
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  • Motion For Leave to Suppress Certain Filings
    Petitioners' Motion For Leave to Suppress Certain Filings October 3, 2023
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  • Pre-Trial Order
    October 3, 2023
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  • Donald J. Trump's Unopposed Motion to Intervene
    President Donald J. Trump's Unopposed Motion to Intervene October 4, 2023
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  • Opposition to Anti-SLAPP Motion to Dismiss
    Petitioners' Opposition to Respondent Trump's Anti-SLAPP Motion to Dismiss October 4, 2023
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  • Order Granting Petitioners' Motion for Leave
    Proposed Order Granting Petitioners' Motion for Leave to Suppress Certain Filings October 4, 2023
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  • Order on Trump's Motion to Intervene Granted
    October 5, 2023
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  • Opposition to Trump's Third Motion to Dismiss
    Petitioners' Opposition to Intervenor Trump's Third Motion to Dismiss October 6, 2023
    Read More
  • Reply in Support of Motion to Dismiss CO GOP Claim
    Petitioners' Reply in Support of their Motion to Dismiss Intervenor the State Party's First Claim Under C.R.C.P. 12(b)(1) October 6, 2023
    Read More
  • Trump's Reply in Support of his Motion to Dismiss
    Donald J. Trump's Reply in Support of his Special Motion to Dismiss October 6, 2023
    Read More
  • Trump's Reply in Support of the Motion to Dismiss
    Respondent Donald J. Trump's Reply in Support of the Motion to Dismiss October 6, 2023
    Read More
  • CO GOP Reply to Response to Motion to Dismiss
    Colorado Republican State Central Committee's Reply Brief to the Petitioners' Response to the Committee's Motion to Dismiss October 6, 2023
    Read More
  • Colorado GOP Reply to Secretary of State Response
    Colorado Republican State Central Committee's Reply Brief to the Secretary of State's Response October 6, 2023
    Read More
  • Order Re: Anti-SLAPP Evidentiary Issues
    October 10, 2023
    Read More
  • Agreed Response to Court's October 2, 2023, Order
    October 10, 2023
    Read More
  • Order Re: Donald J. Trump's Motion to Dismiss
    Order Re: Donald J. Trump's Special Motion to Dismiss Pursuant to C.R.S. § 13-20-1101(3)(a) October 11, 2023
    Read More
  • Griswold's Notice, Receipt of Candidacy Materials
    Secretary of State's Notice Regarding Receipt of Candidacy Materials for Donald J. Trump October 11, 2023
    Read More
  • Motion to Realign the SoS as a Petitioner
    Motion to Realign the Secretary of State as a Petitioner October 13, 2023
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  • Motion to Conduct Deposition of Trump
    Petitioners' Motion for Permission to Conduct a Trial Preservation Deposition of Donald J. Trump October 18, 2023
    Read More
  • Topics for the October 30, 2023 Hearing
    October 18, 2023
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  • Response to Motion to Realign SoS as a Petitioner
    Response to Intervenor Trump's Motion to Realign the Secretary of State as a Petitioner October 20, 2023
    Read More
  • Griswold's Opposition to Motion to Realign
    Secretary of State's Opposition to Donald J. Trump's Motion to Realign October 20, 2023
    Read More
  • Colorado GOP's Motion to Exclude Testimony
    Colorado Republican State Central Committee's Rule 702 Motion to Exclude the Testimony of [REDACTED] October 20, 2023
    Read More
  • Joint Response to Court's Topics for the Hearing
    Joint Response to the Court's Topics for the October 30, 2023 Hearing October 20, 2023
    Read More
  • Omnibus Ruling on Pending Dispositive Motions
    October 20, 2023
    Read More
  • Petitioners' Brief on Major Evidentiary Issues
    October 20, 2023
    Read More
  • Order: Motion to Conduct Deposition of Trump
    Order: Petitioners' Motion for Permission to Conduct a Trial Preservation Deposition of Donald J. Trump (publicly filed) October 22, 2023
    Read More
  • Order: Motion to Realign the SoS as a Petitioner
    Order: Motion to Realign the Secretary of State as a Petitioner (w/attach) October 23, 2023
    Read More
  • Order Re: Trump's Motion to Dismiss
    Order Re: Donald J. Trump's Motion to Dismiss Filed September 29, 2023 October 25, 2023
    Read More
  • Petitioners Brief on the 20th Amendment
    Petitioners Supplemental Brief on the Twentieth Amendment and the Electoral Count Reform Act of 2022 October 25, 2023
    Read more
  • Trump's Brief Regarding Standard of Proof
    Donald J. Trump's Brief Regarding Standard of Proof in this Proceeding October 25, 2023
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  • Request for Emergency Stay
    October 25, 2023
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  • Order of Court
    October 27, 2023
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  • Response to Trump's Brief Regarding Intent
    Petitioners' Response to Intervenor Trump's Brief Regarding Specific Intent October 27, 2023
    Read more
  • Order Re Trump Brief Regarding Standard of Proof
    Order Re: Donald J. Trump's Brief Regarding Standard of Proof in this Proceeding October 28, 2023
    Read more
  • Trump's Objections to Findings in Jan 6th Report
    Intervenor Trump's Objections to Specific Findings Contained in January 6th Report October 29, 2023
    Read more
  • Joint Stipulated Facts
    October 29, 2023
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  • Motion to Recuse Judge Wallace
    October 29, 2023
    Read more
  • Order: Trump's Objections to Findings in Jan 6th
    Order Re: Intervenor Trump's Objections to Specific Findings Contained in January 6th Report October 29, 2023
    Read more
  • Petitioners reply to Trumps Brief
    Petitioners Reply to Trumps Brief Regarding 3 U.S.C. 15 October 29, 2023
    Read more
  • Response to Motion to Recuse Judge Wallace
    Petitioners' Response to Motion to Recuse Judge Wallace October 29, 2023
    Read more
  • Respondent Motion to Exclude Exhibits
    Respondent and Intervenor Donald J. Trump's Motion in Limine to Exclude Petitioners' Anticipated Exhibits November 7, 2023
    Read more
  • Trump Brief Regarding Obligation to Prove Intent
    Respondent Donald J. Trump's Brief Regarding Petitioners' Obligation to Prove President Trump Had the Specific Intent to Engage in an Insurrection November 7, 2023
    Read more
  • Motions for Enlargement of Time to File Findings
    Motions for 48-Hour Enlargement of Time to File Proposed Findings of Fact and Conclusions of Law November 8, 2023
    Read more
  • Opposition to Motion to Dismiss on 1st Amendment
    Petitioners' Opposition to President Donald J. Trump's Motion to Dismiss Based on the First Amendment November 8, 2023
    Read more
  • Colorado GOP's Notice of Supplemental Authority
    Colorado Republican State Central Committee's Notice of Supplemental Authority November 9, 2023
    Read more
  • Petitioners' Findings of Fact and Conclusions
    Petitioners' Proposed Findings of Fact and Conclusions of Law November 10, 2023
    Read more
  • Response to Colorado GOP Notice of Authority
    Petitioners' Response to Colorado Republican State Central Committee's Notice of Supplemental Authority November 10, 2023
    Read more
  • SoS Proposed Findings of Fact and Conclusions
    Secretary of State's Proposed Findings of Fact and Conclusions of Law November 10, 2023
    Read more
  • Intervenors' Findings of Fact and Conclusions
    Intervenors' Proposed Findings of Fact and Conclusions of Law November 11, 2023
    Read more
  • Notice of Supplemental Authorities
    November 14, 2023
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  • Final Order
    Final Order November 17, 2023
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Federal case

  • Notice of Removal to US District Court
    September 7, 2023
    Read more
  • Petitioners' Unopposed Motion to Remand
    September 8, 2023
    Read more
  • Motion for Expedited Cons. of Motion to Remand
    Petitioners' unopposed motion for expedited consideration of motion to remand September 8, 2023  
    Read more
  • Trump's Response to Unopposed Motion to Remand
    Notice of Trump's Response to Unopposed Motion to Remand September 11, 2023
    Read more
  • Griswold's Response to Motion to Remand
    September 12, 2023
    Read more
  • Response to Petitioners' Unopposed Remand Motion
    September 12, 2023
    Read more
  • Remand Granted, Case Closed
    Read more

Insurrection photo in header by Tyler Merbler under a Creative Commons license | Trump photo in header by Gage Skidmore under a Creative Commons license

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