supreme court
Toma And Petersen Join Fight Against Colorado Trump Ruling

January 14, 2024

By Daniel Stefanski |

Arizona’s leading Republican lawmakers are again joining state attorneys general on another matter of national importance.

Last week, the Arizona State Senate Caucus revealed that President Warren Petersen and House Speaker Ben Toma had joined an amicus brief to urge “the U.S. Supreme Court to take up a dangerous ruling out of Colorado” that had barred “former President Donald Trump from the GOP primary ballot in the 2024 presidential election.” The filing was led by the States of Indiana and West Virginia and joined by 25 additional states, as well as the Arizona Legislature.

In a statement that accompanied the announcement, Petersen said, “If the high court does not immediately act, we anticipate election chaos will ensue over former President Trump’s eligibility as a candidate. This is clearly a case of judicial activism and a violation of the separation of powers. Leftist bias and prejudice are on full display from the Colorado Supreme Court. These justices are only playing partisan games by recklessly feeding a false media narrative that seeks to disenfranchise voters. I’m confident the U.S. Supreme Court will strike down this dangerous attack on our democracy.”

Petersen’s news release called the Colorado State Supreme Court’s decision to bar Trump from the ballot under the 14th Amendment of the U.S. Constitution “an egregious abuse of power,” asserting that America’s governing document “reserves the power to determine the political question of what constitutes an ‘insurrection’ to Congress – not rogue courts.”

Shortly after the brief was transmitted to the U.S. Supreme Court, the challenge was scheduled for arguments before the nation’s high court in early February.

The legislators’ sign-on to this brief marks the second time they have joined Republican attorneys general on their legal filings in 2024. At the start of the year, Senate Republicans shared that the Arizona Legislature had joined an amicus brief in federal court to help challenge California’s Assault Weapon Control Act. That brief was led by the attorneys general of Idaho, Iowa, and Montana, and co-signed by almost two dozen additional states.

In December, Petersen and Toma joined a public comment letter to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to address its newly proposed rule, Definition of “Engaged in the Business as a Dealer in Firearms.” That letter was led by the States of Kansas, Iowa, and Montana, and co-signed by 22 other attorneys general.

Over the past month, the two Republican legislative leaders have signaled a more aggressive shift in taking the reins from Arizona Attorney General Kris Mayes to defend the law and Constitution. Attorneys general are not usually joined by outside parties on their amicus briefs, yet multiple coalitions of Republican state prosecutors have included Petersen and Toma on these major filings.

Both Majority Plans released by Senate and House Republicans preview their commitment to aggressively weigh in on state and federal litigation to defend the interests of Arizonans and uphold the rule of law. Senate Republicans wrote that they “firmly believe in the rule of law and will continue to defend state laws, especially when our Attorney General refuses to do so. We will also continue to seek appropriate relief through the courts to serve as a necessary check on abuses of executive authority at both the state and federal levels.” House Republicans added that “under the Biden administration, our constitutional rights and individual liberties are under daily threat…this complete disregard for the Constitution will not be tolerated. House Republicans will always protect rights guaranteed by the Constitution.”

Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.

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