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


  • January 3, 2024
  • Brief amici curiae of Senator Steve Daines & National Republican Senatorial Committee filed. VIDED. January 3, 2024
  • Letter from counsel for respondent Colorado Republican State Central Committee filed. January 4, 2024
  • Brief in response to the petition for a writ of certiorari of respondent Norma Anderson, et al. filed. January 4, 2024
  • Amicus brief of Republican National Committee and National Republican Congressional Committee submitted. January 5, 2024
  • Amicus brief of States of Indiana, West Virginia, 25 Other States, and the Arizona Legislature submitted. January 5, 2024
  • January 18, 2024
  • Brief of the Merits for Anderson Respondents. January 26, 2024

CO Republican party appeal to SCOTUS


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

Colorado Supreme Court appeal documents


  • November 20, 2023
  • Application for review under § 1-1-113(3) C.R.S. November 20, 2023
  • Application for review and adjudication November 20, 2023
  • November 20, 2023
  • November 20, 2023
  • November 27, 2023
  • Colorado Republican State Central Committee's Answer Brief to the Appellant Elector's Opening Brief November 27, 2023
  • Brief of Amicus Curia Free Speech for People in Support of Petitioners-Appellants Norma Anderson, ET AL. November 28, 2023
  • Brief of Amici Curiae Professors Carol Anderson and Ian Farrell in Support of Petitioners-Appellees/Cross-Appellants November 29, 2023
  • 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
  • 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
  • December 1, 2023
  • December 4, 2023
  • 2023 CO 63, December 19, 2023

Trial transcripts


State lawsuit documents


  • September 6, 2023
  • September 6, 2023
  • September 6, 2023
  • Notice of filing of notice of removal to the United States District Court for the District of Colorado September 7, 2023
  • September 14, 2023
  • September 14, 2023
  • September 14, 2023
  • September 17, 2023
  • September 18, 2023
  • Colorado Republican State Central Committee's Motion to Dismiss Pursuant to Colorado Rule of Civil Procedure 12(B)(5) September 22, 2023
  • Donald J. Trump's Special Motion to Dismiss Pursuant to C.R.S § 13-20-1101(3)(A) September 22, 2023
  • September 22, 2023
  • Motion to Dismiss Intervenor's First Claim Under C.R.C.P 12(b)(1) September 22, 2023
  • September 22, 2023
  • 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
  • September 29, 2023
  • Secretary of State's Omnibus Response to Motions to Dismiss September 29, 2023
  • September 29, 2023
  • 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
  • Petitioners' Opposition to Respondent Trump's Anti-SLAPP Motion to Dismiss September 29, 2023
  • Order Re Court requests after reviewing pleadings filed on September 29, 2023 October 2, 2023
  • Petitioners' Motion For Leave to Suppress Certain Filings October 3, 2023
  • October 3, 2023
  • President Donald J. Trump's Unopposed Motion to Intervene October 4, 2023
  • Petitioners' Opposition to Respondent Trump's Anti-SLAPP Motion to Dismiss October 4, 2023
  • Proposed Order Granting Petitioners' Motion for Leave to Suppress Certain Filings October 4, 2023
  • October 5, 2023
  • Petitioners' Opposition to Intervenor Trump's Third Motion to Dismiss October 6, 2023
  • 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
  • Donald J. Trump's Reply in Support of his Special Motion to Dismiss October 6, 2023
  • Respondent Donald J. Trump's Reply in Support of the Motion to Dismiss October 6, 2023
  • Colorado Republican State Central Committee's Reply Brief to the Petitioners' Response to the Committee's Motion to Dismiss October 6, 2023
  • Colorado Republican State Central Committee's Reply Brief to the Secretary of State's Response October 6, 2023
  • October 10, 2023
  • October 10, 2023
  • Order Re: Donald J. Trump's Special Motion to Dismiss Pursuant to C.R.S. § 13-20-1101(3)(a) October 11, 2023
  • Secretary of State's Notice Regarding Receipt of Candidacy Materials for Donald J. Trump October 11, 2023
  • Motion to Realign the Secretary of State as a Petitioner October 13, 2023
  • Petitioners' Motion for Permission to Conduct a Trial Preservation Deposition of Donald J. Trump October 18, 2023
  • October 18, 2023
  • Response to Intervenor Trump's Motion to Realign the Secretary of State as a Petitioner October 20, 2023
  • Secretary of State's Opposition to Donald J. Trump's Motion to Realign October 20, 2023
  • Colorado Republican State Central Committee's Rule 702 Motion to Exclude the Testimony of [REDACTED] October 20, 2023
  • Joint Response to the Court's Topics for the October 30, 2023 Hearing October 20, 2023
  • October 20, 2023
  • October 20, 2023
  • Order: Petitioners' Motion for Permission to Conduct a Trial Preservation Deposition of Donald J. Trump (publicly filed) October 22, 2023
  • Order: Motion to Realign the Secretary of State as a Petitioner (w/attach) October 23, 2023
  • Order Re: Donald J. Trump's Motion to Dismiss Filed September 29, 2023 October 25, 2023
  • Petitioners Supplemental Brief on the Twentieth Amendment and the Electoral Count Reform Act of 2022 October 25, 2023
  • Donald J. Trump's Brief Regarding Standard of Proof in this Proceeding October 25, 2023
  • October 25, 2023
  • October 27, 2023
  • Petitioners' Response to Intervenor Trump's Brief Regarding Specific Intent October 27, 2023
  • Order Re: Donald J. Trump's Brief Regarding Standard of Proof in this Proceeding October 28, 2023
  • Intervenor Trump's Objections to Specific Findings Contained in January 6th Report October 29, 2023
  • October 29, 2023
  • October 29, 2023
  • Order Re: Intervenor Trump's Objections to Specific Findings Contained in January 6th Report October 29, 2023
  • Petitioners Reply to Trumps Brief Regarding 3 U.S.C. 15 October 29, 2023
  • Petitioners' Response to Motion to Recuse Judge Wallace October 29, 2023
  • Respondent and Intervenor Donald J. Trump's Motion in Limine to Exclude Petitioners' Anticipated Exhibits November 7, 2023
  • 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
  • Motions for 48-Hour Enlargement of Time to File Proposed Findings of Fact and Conclusions of Law November 8, 2023
  • Petitioners' Opposition to President Donald J. Trump's Motion to Dismiss Based on the First Amendment November 8, 2023
  • Colorado Republican State Central Committee's Notice of Supplemental Authority November 9, 2023
  • Petitioners' Proposed Findings of Fact and Conclusions of Law November 10, 2023
  • Petitioners' Response to Colorado Republican State Central Committee's Notice of Supplemental Authority November 10, 2023
  • Secretary of State's Proposed Findings of Fact and Conclusions of Law November 10, 2023
  • Intervenors' Proposed Findings of Fact and Conclusions of Law November 11, 2023
  • November 14, 2023
  • Final Order November 17, 2023

Federal case


  • September 7, 2023
  • September 8, 2023
  • Petitioners' unopposed motion for expedited consideration of motion to remand September 8, 2023  
  • Notice of Trump's Response to Unopposed Motion to Remand September 11, 2023
  • September 12, 2023
  • September 12, 2023

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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