We'll hear argument this morning in case 23 719 Trump versus Anderson.

Mr Mitchell.

Mr. Mitchell.

Mr. Chief Justice, and may it please the Court.

The Colorado Supreme Court held that President Donald J. Trump is constitutionally

disqualified from serving as President under Section 3 of the 14th Amendment.

The Colorado Supreme Court's decision is wrong and should be reversed for numerous independent

reasons. The first reason is that President Trump is not covered by Section 3 because

the President is not an officer of the United States,

as that term is used throughout the Constitution.

Officer of the United States refers only to appointed officials, and it does not encompass elected individuals such as

the president or members of Congress. This is clear from the Commission's

Clause, the impeachment clause, and the Appointments clause, each of which uses officers of the United

States to refer only to appointed and not elected officials.

The second reason is that Section 3 cannot be used to exclude a presidential candidate from the ballot even if that candidate is disqualified from serving as President under Section 3.

Because Congress can lift that disability

after the candidate is elected, but before he takes office.

A state cannot exclude any candidate for federal office

from the ballot on account of section 3,

and any state that does so is violating

the holding of term limits by altering

the Constitution's qualifications for federal office.

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