Ramaswamy urges Supreme Court to overturn Colorado decision, files amicus brief in support of Trump

'The distress of competing against a formidable opponent cannot justify disqualification under Section 3 of the Fourteenth Amendment,' the filing stated

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Republican presidential hopeful Vivek Ramaswamy has filed an amicus brief at the Supreme Court in support of former President Donald Trump’s efforts to remain on state ballots.

"President Trump’s political opponents have sought to disqualify him from the ballot in multiple states because they fear they cannot beat him in a free and fair election," Ramaswamy noted in the filing. "Needless to say, the distress of competing against a formidable opponent cannot justify disqualification under Section 3 of the Fourteenth Amendment. The consequences of affirming the Colorado Supreme Court’s decision will extend far beyond the dispute over President Trump’s eligibility."

"Specifically, this Court’s blessing of the state supreme court’s interpretation of Section 3 will warp incentives for state decision-makers and voters alike," Ramaswamy added in the filing. "For secretaries of state and state supreme court justices, the path to national notoriety will be illuminated: To enhance your credibility among copartisans, simply concoct a reason to declare a disfavored presidential candidate of the opposing party ineligible to run for office."

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Vivek Ramaswamy, Donald Trump

Republican presidential hopeful Vivek Ramaswamy filed an amicus brief at the Supreme Court on Thursday in support of former President Donald Trump’s efforts to remain on state ballots. (Getty Images)

"For voters, the message will be equally clear: Scour the records of disfavored candidates for speeches containing martial rhetoric, or even policies that had unintended consequences, and then file challenges under Section 3. The number of Section 3 complaints will proliferate, as will the number of divergent outcomes."

The amicus brief was filed Thursday as the Supreme Court gears up to hear arguments on whether Trump should remain on the Colorado Republican presidential primary ballot. The justices said they will hear the case on an expedited basis, with arguments on Feb. 8.

The justices issued an administrative stay that orders the Colorado Secretary of State to put the former president’s name on the GOP primary ballot, at least until the case is decided. The high court said that the briefs are due by Jan 31.

Supreme Court Justices sitting for a portrait.

Supreme Court Justices posing for an official photo at the Supreme Court. (Photo by OLIVIER DOULIERY/AFP via Getty Images)

Ramaswamy said Wednesday that he planned to file the amicus brief at the Supreme Court in hopes that it would "overturn Coloarado's disastrous decision to try to keep Donald Trump off the ballot."

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In the clip announcing the filing, Ramaswamy said the court should overturn Colorado's decision because it's "the right thing to do for this country."

"I feel a sense of obligation to do that as somebody who understands the constitution," he said. "It's my belief that every other Republican, myself included, needs to withdraw from any ballot that forcibly withdraws Donald Trump from the primary."

The Colorado Supreme Court decision was the first time in history that Section 3 of the 14th Amendment was used to bar a presidential contender from the ballot. 

The state's highest court concluded that Trump "engaged in insurrection" over his role in the Jan. 6, 2021, protests at the U.S. Capitol.

Donald Trump

The Colorado Supreme Court decision was the first time in history that Section 3 of the 14th Amendment was used to bar a presidential contender, Trump in this instance, from the ballot. (Scott Olson/Getty Images)

The historical hearing will consider the meaning of the 14th Amendment, which bars people who "engaged in insurrection" from holding public office. 

The amendment was adopted in 1868, following the Civil War.

Fox News' Sarah Rumpf-Whitten contributed to this report.

Kyle Morris covers politics for Fox News. Story tips can be sent to This email address is being protected from spambots. You need JavaScript enabled to view it. and on Twitter: @RealKyleMorris.

Authored by Kyle Morris,Shannon Bream,Bill Mears via FoxNews January 11th 2024