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El Paso County votes 5-0 to back Chamber amicus brief defending presidential authority over Space Command move
Summary
The county attorney and commissioners said the county should support a Chamber/EDC amicus brief backing federal authority over relocation of U.S. Space Command; commissioners expressed concern the state AG's suit may be politically motivated. The board approved the resolution 5-0.
On Dec. 16 the El Paso County Board of County Commissioners voted unanimously to adopt a resolution supporting an amicus brief prepared by the Colorado Springs Chamber and Economic Development Corporation in the case captioned State of Colorado v. Donald J. Trump (No. 25-cv-03428-RBJ).
County Attorney Kenny Hodges told the board the Chamber and EDC had retained counsel to file an amicus brief "in support of the federal government's position, particularly the president's ability as commander in chief to make military decisions." Hodges presented the resolution and answered commissioners' questions before the motion was offered.
Commissioner Williams moved the resolution and framed the matter around the Constitution’s commander-in-chief clause, citing historical writings and arguing the president has primary authority over military decisions; he said it would be unwise for local leaders to oppose the president on such questions. Commissioner Applegate seconded the motion and thanked county counsel and the Chamber for their work.
Other commissioners echoed concerns about the political nature of the state attorney general’s lawsuit, emphasized the county’s interest in remaining competitive for defense and space installations, and noted that Huntsville, Ala., had mounted a strong local effort to win a command. The chair summarized the discussion, and the board voted by roll call: Commissioners Wysong, Nelson, Applegate, Williams and the chair voted "Aye," carrying the resolution 5-0.
Why this matters: The resolution signals El Paso County’s support for local business and economic development organizations and urges deference to presidential authority on the placement of military/space commands. The county cited concerns about potential economic impacts from losing installations and emphasized preserving the community’s attractiveness for future military partnerships.
What was not decided: The board did not instruct counsel to file litigation on the county's behalf; the action was a resolution expressing support for a Chamber/EDC amicus brief and not a separate lawsuit.
Next steps: The Chamber/EDC may attach the county-supported language to its amicus filing in federal court if counsel chooses.
