Colorado Attorney General Phil Weiser on Wednesday made good on his promise to sue the Trump administration over its decision to relocate the headquarters of U.S. Space Command to Alabama from Colorado Springs.
Weiser’s lawsuit, his 41st against the administration since it took power in January, is based on President Donald Trump’s declaration in September when he announced the relocation that Colorado’s use of mail-in voting was a “big factor” in his decision.
The lawsuit argues that the relocation violates Colorado’s constitutional right to carry out elections how it chooses. Weiser accused Trump of seeking to punish and coerce the state into running elections in a way he prefers.
“One of the core state sovereign powers is the authority to regulate elections,” the lawsuit says. “The president’s decision to punish Colorado based on Colorado’s lawful exercise of its sovereign authority to regulate elections, and his threats to impose further harmful executive action, violate the Tenth Amendment, the elections clause, state sovereignty and separation-of-powers principles.”
Colorado has used universal mail-in voting since 2014. There have not been major issues with the practice.
“This decision cannot be allowed to stand,” Weiser, a Democrat, told reporters Wednesday at a news conference. “It’s a threat to our basic checks and balances. It’s a threat to our system of federalism.”
Weiser said it’s important that all presidents “not use these unconstitutional tactics.”
The lawsuit is being filed in federal court in Denver. Weiser said his immediate goal is to secure an order stopping the relocation while the lawsuit is pending.
The legal action also argues Trump failed to follow the proper congressional notification procedures in deciding to relocate the headquarters.
Democrats and Republicans in Colorado have fought against the Space Command relocation. The Denver Metro Chamber of Commerce estimates that Space Command is tied to nearly 1,400 jobs in Colorado and has an annual economic impact of $1 billion.
The Colorado Springs Chamber says the aerospace and defense industries account for at least 40% of the economy in Colorado Springs, employing more than 110,000 people. Many of those jobs are expected to remain in Colorado should the relocation be completed.
The command’s responsibilities include enabling satellite-based navigation and troop communication and providing warning of missile launches.