Former Federalist Society VP tied to campaign to keep Trump on Colorado ballot

09 February 2024

When the U.S. Supreme Court heard oral arguments in Trump v. Anderson on Thursday, February 8, the justices — including Barack Obama appointee Elena Kagan — appeared to be extremely skeptical about the Colorado Supreme Court's reasons for banning Donald Trump from the state's presidential ballot based on Section 3 of the U.S. Constitution's 14th Amendment.

Many legal experts on MSNBC, including Neal Katyal (former acting solicitor general under President Barack Obama) and former federal prosecutor Joyce White Vance, have predicted that the High Court will strike down the Colorado decision and keep Trump on the state's ballot.

Trump's loyalists have been attacking the push to remove him from state ballots as nothing more than Democratic partisanship. But it fact, one of the most vocal proponents of the 14th Amendment argument is conservative legal scholar J. Michael Luttig, a retired federal judge who believes that Trump committed "insurrection" after the 2020 election and is therefore ineligible to run for president in 2024.

Meanwhile, other right-wing legal figures have been fighting to keep Trump on the ballot in Colorado and other states, including — according to Guardian reporter Rachel Leingang — Federalist Society Co-Chairman Leonard Leo.

"Through this extensive network," Leingang explains in an article published by The Guardian on February 9, "he is tied to several of the filers of amicus briefs in the 14th Amendment case that could prevent Trump from running for reelection. In those briefs, a variety of conservative groups argue against Trump's removal, aligning with Trump's arguments that he should remain on the ballot."

The reporter adds, "The consequential case has brought in amicus briefs on both sides from outside groups, historians, law professors and elected officials, who've parsed through legal language and the implications of removing a presidential candidate from the running."

Leonard's ties to these amicus briefs, according to Leingang, have been documented by the nonprofit Accountable.US.

"In this instance," Leingang reports, "Accountable.US found ties between Leo and the following groups or their lawyers that filed amicus briefs in the 14th Amendment case: Citizens United, the Public Interest Legal Foundation, the Claremont Institute, Landmark Legal Foundation, Judicial Watch, Jones Day, Wyoming's secretary of state Chuck Gray, and America's Future. Citizens United, a conservative group whose name is synonymous with the 2010 Supreme Court ruling that allows unlimited political spending by outside groups and corporations, filed a brief alongside Steven Calabresi, Leo's fellow co-chair of the Federalist Society."

Leingang adds, "Other lawyers tied to the Society are signed on to the group's brief as well."

The Federalist Society co-chair's connection to amicus briefs submitted in other "high-profile" U.S. Supreme cases was described by journalist Heidi Przybyla in an article published by Politico on December 3, 2023.

Read The Guardian's full report at this link.

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