On October 29, 2025, Colorado Attorney General Phil Weiser filed suit against Trump and his administration for its unlawful decision to move the headquarters of U.S. Space Command out of Colorado Springs to punish the state for its mail voting system. Such retaliation against a state for a wholly lawful policy choice is unconstitutional, and Colorado has sued to vindicate its right to conduct elections according to its own laws through the means that work best for its citizens.  

The U.S. Space Command was authorized by Congress in 2018, formally established in 2019, and since its inception been headquartered at Peterson Space Force Base, which was previously Peterson Air Force Base. On September 2, 2025, however, President Trump announced his arbitrary decision to relocate U.S. Space Command, asserting that Colorado’s mail-in voting system “played a big factor” in his decision. In that same speech, Trump estimated that moving the headquarters would create 30,000 jobs and billions in investments elsewhere, suggesting that Colorado would face losses on this scale.  

Punishing a state for exercising its sovereign authority to conduct elections in a lawful manner violates the constitutional principles of federalism and separation of powers. The elections clause grants states, not the president, the authority to conduct elections, and the president may not directly or indirectly force the state to change its policy choice or punish or retaliate against any state for exercising its authority. Trump also violated federal law that requires a detailed process and congressional notification when making decisions regarding relocation of a major headquarters, which the U.S. Space Command qualifies as.  

On January 8, 2026, AG Weiser amended the complaint to include an additional series of punitive actions that the Trump administration took after the initial suit was filed, in a full-scale retribution effort against Colorado both for failing to change its mail ballot voting system and for refusing to release a convicted felon who attempted to undermine Colorado elections. The day after purporting to “pardon” this felon of her state law conviction—something a president cannot do—the Trump administration terminated more than $100 million in transportation funding, supported an additional cut of $615 million funding from the Department of Energy, and announced plans to dismantle the National Center for Atmospheric Research headquartered in Boulder, Colorado. Two days later, the Department of Agriculture ordered Colorado to almost immediately recertify eligibility for households receiving Supplemental Nutrition Assistance Program benefits or face sanctions. That same week, the Federal Emergency Management Agency denied state funding requests for disaster assistance related to wildfires and flooding. This series of targeted attacks were clearly and explicitly in response to Colorado’s exercise of its sovereign authority as a state. The administration has threatened further measures unless the state bows to Trump’s demands. 

AG Weiser asked the court to find the administration’s actions unconstitutional, contrary to law, and a violation of the Administrative Procedure Act, and to block the administration from implementing its illegal actions. On January 28, 2026, a federal court blocked the federal government from carrying out its retaliatory actions, blocking the Trump administration from moving U.S. Space Command while the case continues through the legal process.   

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. Attorney General Phil Weiser