Colorado expands lawsuit challenging Trump administration actions

DENVER — Colorado has expanded a federal lawsuit accusing the Trump administration of unlawfully retaliating against the state by threatening federal funding, social services and research institutions, Attorney General Phil Weiser said Thursday.

The updated lawsuit adds challenges to several actions taken by the administration in December, including efforts to require Colorado to participate in a federal pilot program as a condition of receiving food assistance, plans to dismantle the National Center for Atmospheric Research in Boulder and the termination or threatened termination of hundreds of millions of dollars in federal funds.

The state’s original lawsuit, filed Oct. 29, challenged the administration’s decision to move U.S. Space Command headquarters from Colorado Springs to Alabama. Colorado argues that the move was intended to punish the state for its vote-by-mail system and that it violates the U.S. Constitution.

Weiser said the administration escalated its actions after Colorado refused to release former Mesa County Clerk Tina Peters, who was convicted under state law for actions related to the 2020 election. Peters received a presidential pardon in December, though presidential pardons apply only to federal convictions.

Following that refusal, the lawsuit alleges, the administration took several actions targeting Colorado:

• On Dec. 16, federal officials announced the termination of $109 million in transportation funding for Colorado and plans to end another $615 million in U.S. Department of Energy funding allocated to the state.
• That same day, the administration announced plans to dismantle NCAR, which employs hundreds of workers in Boulder.
• On Dec. 18, the U.S. Department of Agriculture ordered Colorado to recertify eligibility and conduct in-person interviews for all 100,000 households receiving SNAP benefits in five counties within 30 days, warning of possible sanctions including removal from the program.
• On Dec. 20, the Federal Emergency Management Agency denied two disaster assistance requests tied to recent wildfires and flooding in Colorado.

The lawsuit argues that the timing and scope of the actions amount to retaliation for Colorado’s lawful exercise of its authority over elections and criminal justice. It asserts violations of the Tenth Amendment, the Elections Clause, separation-of-powers principles and federal law.

Colorado is asking the court to declare the administration’s actions unconstitutional and unlawful and to block federal agencies from enforcing them.