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Secretary of State Wes Allen Signs on to Amicus Brief in Trump V. Anderson Supreme Court Case

Alabama Secretary of State Wes Allen has signed on to an amicus brief to be filed with the United States Supreme Court in the Trump v. Anderson Supreme Court case. The brief was signed by 10 Secretaries of State from across the nation and filed with the nation’s highest court Thursday, January 18, 2024.

“I put my hand on the Bible and took an oath to support the Constitution of the United States,” Allen said. “The brief argues in defense of that important document. The document upon which our republic is rooted.”

An amicus brief is not filed on behalf of any party in the case but is instead, a document filed as a “friend of the court.” It encourages the Justices to consider arguments that may not be presented by either party in the matter.

“The actions taken in Colorado and Maine are not based in the Constitution. Section three of the 14th Amendment does not provide an affirmative obligation to Secretaries of State to disqualify a candidate for President of the United States based on that section,” Allen explained. “Furthermore, as Secretaries of State, we do not have the jurisdiction to adjudicate the qualifications of a Presidential candidate under section three. This brief notifies the Supreme Court of those facts.”

Allen pointed to the fact that the brief includes a reference to Alabama. Specifically, the amicus brief cites McInnish v. Bennett, a 2014 case in which the Alabama Supreme Court ruled that Alabama’s Secretary of State has no “affirmative duty to investigate the qualifications of a candidate for President of the United States of America before printing that candidate’s name on the general election ballot.”

“Both the United States Constitution and the Supreme Court of Alabama indicate that to remove a Presidential candidate is not within the power of my office,” Allen said. “My role in this matter is clearly defined and I believe it is important for the United States Supreme Court to be as aware of that as I am.”

The Supreme Court is expected to make a ruling in this case within the coming weeks.

Wes Allen is Alabama’s 54th Secretary of State.

See the brief here

1/19/2024 Update:  An 11th Secretary of State was added to the list of signatories before the brief was filed.