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According to Weiser, Trump’s announcement in September to move the U.S. Space Command from Colorado Springs to Huntsville to punish Colorado for its vote-by-mail system is unconstitutional and violates federal law requiring public notices and reports to Congress before moving a major military headquarters location.
In September, President Trump said the decision to move Space Command was partially influenced by mail-in voting.
“The problem with Colorado is that they have a very corrupt voting system,” Trump said at the time.
“The president could not have been clearer about his motivations for moving Space Command. He said Colorado’s mail-in voting system was a ‘big factor’ in his decision-making,” Weiser stated. “The Constitution does not permit the Executive Branch to punish or retaliate against states for lawfully exercising powers reserved for them, such as the power to regulate elections. If we don’t take a stand now against this unconstitutional and unlawful decision, Colorado and other states that use mail-in voting will face further pressure or punishment unless they give up their constitutional authority.”
According to Weiser, the U.S. Supreme Court has repeatedly affirmed the states alone have the power to regulate elections for president and state and local offices under the 10th Amendment.
“While the Constitution gives Congress certain powers to regulate the time and manner for electing senators and representatives, it does not provide the president and the Executive Branch with any such authority,” Weiser stated. “The president’s decision to punish Colorado for its mail-in voting system, therefore, violates both federalism and separation-of-powers principles.”
The lawsuit also states the Supreme Court has long recognized that the Constitution prohibits the use of retaliation, punishment or other coercive action in response to the exercise of a constitutional right or power.
“Trump’s political decision to tear Space Command HQ from Colorado based on his dislike of our state’s voting laws is not only the height of lawlessness, but it throws hundreds of El Paso County residents – dedicated defense employees and their families – into a state of great uncertainty,” said Colorado state Sen. Marc Snyder, D-Manitou Springs, in a statement. “These families are our neighbors, and Trump’s decision to use them in a game of cynical politics is both callous and wrong. This action brought by Attorney General Weiser does right by those families, and I look forward to the court’s adjudication of this issue.”
Weiser is seeking a court order declaring that the president’s decision to move Space Command is unconstitutional and unlawful and an injunction prohibiting the Trump administration from taking further action to move the facility based on the illegal decision.
“The Inspector General for the Department of Defense has confirmed that President Trump’s 2021 decision to select Huntsville was factually sound and well justified,” Alabama Attorney General Steve Marshall said in a statement. “It was the Biden administration that injected politics into the process when it reversed course, punished Alabama, and rewarded Colorado. Now that President Trump has made things right again, Colorado seeks to use the federal courts to reimpose Biden-era politics on Americans who have overwhelmingly rejected them.
“This lawsuit is nothing more than a partisan attempt to overturn a lawful, evidence-based decision repeatedly validated by military experts, independent reviews, and congressional oversight. Alabama will vigorously defend this decision in court and is confident the law and facts are squarely on our side.
“If Colorado insists on fighting a political battle in federal court, Alabama will meet them there, and win. Our focus remains on supporting our service members, strengthening national defense, and ensuring Space Command’s continued success in Huntsville.”
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