Although 42 Republican senators — including Minority Leader Mitch McConnell, R-Ky., — signed onto a Supreme Court brief supporting former President Donald Trump's effort to remain on the 2024 presidential ballot, there were seven GOP holdouts.
Led by Sen. Ted Cruz, R-Texas, and House Majority Leader Steve Scalise, R-La., and supported by 177 other members of Congress, the brief was filed "in support of Petitioner Donald J. Trump."
The seven Republican Senate holdouts are: Rand Paul, R-Ky., Mitt Romney, R-Utah, Susan Collins, R-Maine, Bill Cassidy, R- La., Steve Daines, R-Mont., Lisa Murkowski, R-Alaska, and Todd Young, R-Ind.
The brief notes the Colorado Supreme Court's decision to have Trump removed from that state's presidential primary, despite his front-runner status for the Republican ticket.
"We do not reach these conclusions lightly," the Colorado court's majority wrote at the time. "We are mindful of the magnitude and weight of the questions now before us. We are likewise mindful of our solemn duty to apply the law, without fear or favor, and without being swayed by public reaction to the decisions that the law mandates we reach."
The primary point of contention is the role of Congress in implementation and enforcement of Section 3 of the 14th Amendment, which prohibits candidates who have previously taken an oath of office from holding public office if they have "engaged in insurrection or rebellion."
The Republican brief noted that the Colorado Supreme Court attempted to circumvent the role of Congress which requires a two-thirds majority vote of both houses to find a candidate ineligible at the federal level.
The brief also noted that if the Colorado decision is allowed to remain, it would give that state and other states power to judge qualifications of those who would be elected to the House or Senate. It warned that the de-balloting of political opponents would become commonplace if the Colorado Supreme Court was permitted to remove Trump.
The brief pointed out the inconsistent standard of "insurrection" by the Colorado court, reminding the U.S. Supreme Court of the common disputes and language thrown about when a candidate loses, citing Stacey Abrams believing she "won" the 2018 election for governor of Georgia and Hillary Clinton believing Trump "stole" the 2016 election.
The brief concludes by citing George Orwell's "1984," writing, "It is hard to imagine an actual insurrectionist quickly asking for peace and encouraging disbandment. But once 'engage in' is defined so broadly, even significant countervailing evidence can simply be labeled as a ruse, as insufficient, or even as an implied recognition and praise of ongoing violence.
"Enterprising state officials, in other words, may conclude that 'Peace means War.'"
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