(Editor’s note: This story was updated with comments and reaction from additional sources.)
By Troy Turner
Colorado Attorney General Phil Weiser filed a lawsuit in federal court today against the Trump administration in an attempt to halt the move of U.S. Space Command Headquarters from Colorado Springs to Huntsville.
The lawsuit alleges that President Trump’s decision to move the headquarters from Colorado to Alabama was motivated by politics, including the president’s disdain for Colorado’s support of a mail-in balloting system.
The move comes after Trump in September announced that the permanent home for SPACECOM HQ would be in Huntsville, the latest salvo in a see-saw battle between Colorado and Alabama leaders competing for the headquarters and its estimated billion-dollar economic impact.
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.
Alabama leaders previously have said that they expected such legal action to come, but that the reasoning behind bringing the command to Huntsville is backed by numerous factors and reports, making the move pertinent to national security.
Colorado’s state and congressional leadership have vowed to continue the fight in court.
“The president could not have been clearer about his motivations for moving Space Command,” Weiser said in a press statement. “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.”
The lawsuit also is asking the court to declare that Trump’s administration may not retaliate against Colorado for exercising its sovereign authority.
Why it matters
SPACECOM is the command responsible for all U.S. military operations in space, including oversight of the various military branches with space commands of their own (Army, Navy, Air Force, Space Force, Marines). It also plays a critical leadership role in the integration of space assets into all warfighter operations down to the sea and field levels; and the responsibility of defending satellites and developing space warfare strategy.
Both Alabama and Colorado have strong and thriving space and missile defense industries and military presence.
However, studies by the Air Force and other government agencies determined Huntsville should be the preferred location, based in part on a much-lower cost-of-living for personnel, available property for new development on the sprawling and secure Redstone Arsenal, and the surrounding support of the space and missile defense community.
Colorado’s leadership countered, arguing that a move of the already-established SPACECOM HQ presence there in its temporary initial setup would be too disruptive to critical daily operations if made to relocate; and citing the strong space and defense industries that similarly operate in Colorado.
Huntsville is home to the U.S. Army’s Space and Missile Defense Command, NASA’s Marshall Space Flight Center, and numerous other influential entities pertaining to space and missile defense.
Colorado Springs is home to numerous Air Force and Space Force bases and various other related commands, as well as the Air Force Academy.
Colorado’s legal argument
Weiser’s press statement adamantly defends Colorado’s election system and spells out why the state’s attorney general feels there is cause for legal action to halt the headquarters move.
“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” he said. “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, Weiser said, 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.”
Other Colorado leaders speak out
Several other Colorado leaders offered comments in support of the legal action to keep SPACECOM HQ in Colorado Springs:
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.”
State Rep. Jenny Willford, chair of the House State, Civic, Military and Veterans Affairs Committee: “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.”
Alabama choice remains ‘right for national security’
Likewise, Alabama’s leadership has taken turns making various opinions known for why Huntsville is the right choice.
“The fact is that the Air Force recommended SPACECOM HQ be built in Huntsville, that any disruption associated with that move could be mitigated, and that moving to Huntsville would save the taxpayer over $420 million,” said Rep. Mike Rogers, who chairs the House Armed Services Committee.
Rep. Dale Strong, who represents the Huntsville area, cited numerous reasons in support of the move.
“The indisputable fact is that Redstone Arsenal in Huntsville, Alabama, was selected as the preferred location to host USSPACECOM Headquarters after a merit-based selection process. Colorado has cried foul every step of the way, and this is their latest attempt to obstruct the fair process from proceeding,” Strong said today. “I remain confident that the U.S. Space Command headquarters belongs in Huntsville, Alabama, because it is what is best for national security and will save the taxpayer nearly half a billion dollars.”
“It’s not because it’s right for this or that. It’s because it’s right for national security,” he said earlier. “We have the right people at the right place at the right time.”
Strong, in an earlier interview with AlaDefense.com, also alluded to Huntsville’s space history and its future if Trump’s Golden Dome defense plan comes to existence.
“Space and missile defense – you look at what our community has been a part of since 1950,” Strong said, referring to the Rocket City’s storied history that began after World War II and includes building the rockets that took man to the moon.
“Go down the list of space and missile defense projects here,” he said. “We’re part of practically every missile project.
“The president mentioned Golden Dome. We’re going to be right in the middle of that also, because of our talent pool, because of our education; and this is something we’ve done before. We know how to make a bullet hit a bullet,” Strong said, referring to missile defense capabilities developed in Huntsville.
“Redstone Arsenal and Huntsville, Alabama, is open for business.”
The Colorado attorney general’s lawsuit also drew rebuke from his counterpart in Alabama.
Attorney General Steve Marshall issued the following statement in response:
“The Inspector General for the Department of Defense has confirmed that President Trump’s 2021 decision to select Huntsville was factually sound and well justified. It was the Biden administration that injected politics into the process when it reversed course, punished Alabama, and rewarded Colorado. Now that President Trump has made things right again, Colorado seeks to use the federal courts to reimpose Biden-era politics on Americans who have overwhelmingly rejected them.
“This lawsuit is nothing more than a partisan attempt to overturn a lawful, evidence-based decision repeatedly validated by military experts, independent reviews, and congressional oversight. Alabama will vigorously defend this decision in court and is confident the law and facts are squarely on our side.
“If Colorado insists on fighting a political battle in federal court, Alabama will meet them there, and win. Our focus remains on supporting our service members, strengthening national defense, and ensuring Space Command’s continued success in Huntsville.”
The lawsuit filed by Colorado can be found here.
Troy Turner is the editor and senior consultant for AlaDefense.com. He can be reached at [email protected]. His bio can be found here.
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