Montgomery, AL – Alabama Secretary of State Wes Allen has recently joined his counterparts in signing an amicus brief set to be presented to the United States Supreme Court in the case of Trump v. Anderson. The brief, endorsed by 10 Secretaries of State from various states, was officially filed on Thursday, January 18, 2024.
In his statement, Secretary Allen emphasized his commitment to upholding the United States Constitution, stating, “I put my hand on the Bible and took an oath to support the Constitution of the United States.” According to Allen, the amicus brief serves as a defense of the Constitution, which he considers the foundation of the nation’s republic.
An amicus brief, commonly referred to as a “friend of the court” filing, is a document submitted to provide additional perspectives to the court, often not presented by the primary parties involved. In this case, the amicus brief encourages the Supreme Court to consider arguments that may not have been raised by either party.
Secretary Allen clarified the key points addressed in the brief, highlighting concerns about actions taken in Colorado and Maine. He argued that such actions are not aligned with the Constitution, particularly emphasizing that Section three of the 14th Amendment does not obligate Secretaries of State to disqualify a presidential candidate based on that section. Allen further noted that Secretaries of State lack the jurisdiction to adjudicate the qualifications of a presidential candidate under section three.
Referring to Alabama’s position, the amicus brief cites McInnish v. Bennett, a 2014 case in which the Alabama Supreme Court ruled that the Secretary of State does not have an “affirmative duty to investigate the qualifications of a candidate for President” before including the candidate’s name on the ballot.
Allen underscored, “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.” He believes it is important for the Supreme Court to be aware of the defined role of Secretaries of State in such matters.
The Supreme Court is expected to deliver a ruling on the Trump v. Anderson case in the coming weeks. Wes Allen currently serves as Alabama’s 54th Secretary of State, contributing to the efforts aimed at safeguarding the electoral process in the state.
