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In a bold legal move, Colorado has filed a lawsuit against President Donald Trump over the recent decision to relocate the U.S. Space Command from Colorado Springs to Alabama. The state asserts that this decision was an unconstitutional act of retaliation, primarily in response to Colorado’s mail-in voting system. The lawsuit was formally submitted on Tuesday.
The state claims that the relocation was politically motivated and not only violates constitutional limits on executive authority but also poses significant economic risks amounting to billions of dollars in losses.
The announcement of the move came on September 2, marking the conclusion of a prolonged debate regarding the permanent location of Space Command. Within the lawsuit, quotes from Trump indicate that Colorado’s mail-in voting influenced his decision significantly.
Trump is quoted saying, “The problem I have with Colorado, one of the big problems — they do mail-in voting. They went to all mail-in voting, so they have automatically crooked elections, and we can’t have that. When a State is for mail-in voting, that means they want dishonest elections because that’s what that means.” This remark is included in the legal complaint.
The lawsuit, spanning 21 pages, names Trump along with the Departments of Defense and the Air Force, and their secretaries as defendants. In a bid to prevent the relocation, it seeks a court order to block the move.
Colorado Attorney General Phil Weiser argues that Trump’s directive breaches several constitutional provisions, including the Tenth Amendment, the Elections Clause, and the principle of separation of powers, by punishing a state for its electoral practices.
“Colorado has exercised its sovereign power to create and implement this voting system as the Constitution explicitly permits and as the Framers of the Constitution envisioned,” the lawsuit states. It emphasizes that sovereignty allows states the freedom to choose their electoral methods, irrespective of the President’s opinions on their efficacy or appropriateness.
The complaint also alleges that the Pentagon failed to adhere to federal regulations by not following necessary procedures and neglecting to inform Congress before executing this major relocation.
According to Colorado’s assertions, the move threatens to lead to the loss of thousands of jobs, billions in investments, and additional billions in taxpayer costs to facilitate the relocation of an operational command headquarters.
The complaint highlights that the agency defendants are rapidly proceeding to implement the President’s decision, citing a Pentagon spokesperson’s confirmation of the move to Huntsville, Alabama.
Colorado’s mail-in voting system, which was established in 2013, allows voters to cast their ballots via mail, at designated drop boxes, or in person. The lawsuit describes this system as the “gold standard” for secure and accessible elections, noting its bipartisan support among lawmakers.
A Republican lawmaker previously stated, “Coloradans love being able to vote from home,” underscoring the popularity of the system. This sentiment is reflected in the state’s defense against Trump’s allegations of widespread voter fraud.
The state refutes claims of “massive voter fraud” or “crooked elections,” asserting that its voting system incorporates strict security measures, including audits and safeguards for paper ballots. The complaint asserts, “Colorado and other similar states impose strenuous security requirements, with detailed security auditing, to ensure free and fair elections.”
Moreover, it categorically dismisses Trump’s assertions that foreign entities print millions of illegal ballots, labeling such claims as utterly unfounded and disconnected from reality.
Fox News Digital has reached out to the White House for a statement regarding the lawsuit.
U.S. Space Command was established during Trump’s first term in 2018, tasked with overseeing military operations in space. The command was permanently established at Peterson Space Force Base in Colorado Springs under President Joe Biden in 2023.
The lawsuit further contends that Trump’s reversal represents a violation of the constitutional balance of power, which delegates election regulation to individual states. It states, “The President’s decision offends the fundamental design of the Constitution in two ways, violating both federalism and separation of powers principles.”
If permitted to proceed, the complaint warns that such actions could disturb the equilibrium between state and federal authorities. It cautions that future Presidents, regardless of political affiliation, could exploit similar tactics to penalize states.
Colorado’s legal action seeks a court ruling declaring Trump’s order unconstitutional, an injunction to prevent the relocation, and an order for federal agencies to comply with established procedural laws. Additionally, the state is pursuing reimbursement for legal expenses incurred during this process.
The outcome of this legal confrontation may have lasting implications not only for Colorado but also for the broader framework of federal-state relations in the United States.
