Attorney General Phil Weiser sues Trump administration for unconstitutional and unlawful decision to move U.S. Space Command HQ from Colorado Springs

Oct. 29, 2025 (DENVER) – President Trump’s announcement last month to move U.S. Space Command from Colorado Springs to punish Colorado for its vote by mail system is unconstitutional and violates federal law requiring public notices and reports to Congress before moving a major military headquarters location, according to a lawsuit Attorney General Phil Weiser filed in federal court today.

Attorney General Weiser is seeking a court order declaring that the president’s decision to move Space Command is unconstitutional and unlawful and an injunction prohibiting the Trump administration from taking further action to move the facility based on the illegal decision.

“The president could not have been clearer about his motivations for moving Space Command. He said Colorado’s mail-in voting system was a ‘big factor’ in his decision making. The Constitution does not permit the Executive Branch to punish or retaliate against states for lawfully exercising powers reserved for them, such as the power to regulate elections. If we don’t take a stand now against this unconstitutional and unlawful decision, Colorado and other states that use mail-in voting will face further pressure or punishment unless they give up their constitutional authority,” said Attorney General Weiser.

Colorado has lawfully exercised its authority to create an election system that is considered the gold standard by many experts of free and fair elections. As part of that system, eligible voters are allowed to cast their ballots through the mail, at a drop-off box, or in person. The advantages of this system include increased security, lower administrative costs, increased accessibility, higher voter turnout, higher voter satisfaction, and more informed voters.

Since the system was put in place in 2013, there is not a shred of evidence that the outcome of any election within Colorado has been altered by fraud. In fact, this system has been embraced, implemented, and supported by both Democrats and Republicans in Colorado.

The U.S. Supreme Court has repeatedly affirmed that the states alone have the power to regulate elections for president and state and local offices under the Tenth Amendment. While the Constitution gives Congress certain powers to regulate the time and manner for electing senators and representatives, it does not provide the president and the Executive Branch with any such authority. The president’s decision to punish Colorado for its mail-in voting system, therefore, violates both federalism and separation-of-powers principles.

Moreover, the lawsuit explains that the Trump administration failed to comply with federal laws requiring the military to follow specific procedures before taking action to relocate a major headquarters location. The administration did not provide the congressional armed services committees with the notice required by statute within seven days of issuing any formal internal guidance initiating the decision-making process for relocating Space Command headquarters, selecting the two to five most likely locations for the headquarters, and selecting a preferred location for the headquarters.

The Supreme Court has long recognized that the Constitution prohibits the use of retaliation, punishment, or other coercive action in response to the exercise of a constitutional right or power. Colorado’s lawsuit, filed in U.S. District Court in Denver explains that 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.

State Sen. Marc Snyder of El Paso County said: “Trump’s political decision to tear Space Command HQ from Colorado based on his dislike of our state’s voting laws is not only the height of lawlessness, but it throws hundreds of El Paso County residents – dedicated defense employees and their families – into a state of great uncertainty. These families are our neighbors, and Trump’s decision to use them in a game of cynical politics is both callous and wrong. This action brought by Attorney General Weiser does right by those families, and I look forward to the court’s adjudication of this issue.”

State Sen. Mike Weissman, chair of the Senate State, Veterans, and Military Affairs Committee said: “Buckley Space Force Base generates a billion-dollar economic impact in the community I serve, and the economic impact to El Paso County of our armed forces presence there is even greater. This politically motivated decision by the Trump administration will harm Colorado communities. More importantly, our entire nation needs national security decisions to be made on objective evidence about force readiness and capability, not political favoritism. This decision and others like it by the Trump administration abandon decades of bipartisan respect for our military professionals and make our nation less safe.”

“Keeping Space Command in Colorado honors the significant investments already made by businesses in the Pikes Peak region and protects thousands of families from unnecessary disruptions in their lives. Relocation will waste critical taxpayer resources and undermine the stability of our servicemembers and their families, and the vital mission to protect our national security,” said State Rep. Jenny Willford, chair of the House State, Civic, Military and Veterans Affairs Committee.

The state is asking the court to declare President Trump’s decision to move Space Command headquarters is unconstitutional and that his administration may not retaliate against Colorado for exercising its sovereign authority. Additionally, the state is seeking an order blocking the administration from taking any steps to relocate Space Command headquarters based on the president’s unlawful decision, and from taking further action to implement the move without following the requirements set in federal law.

Read the complaint Colorado v. Trump et al (PDF).

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