Colorado Attorney General Phil Weiser announced Wednesday he is seeking a court order to block Space Command from moving to Alabama from Colorado Springs.

The decision to pursue legal action, arguing that President Donald Trump’s decision is unconstitutional, concerned the Colorado Springs Chamber and EDC and Colorado Springs Republican Congressman Jeff Crank, while the state’s Democratic senators welcomed the action.

On Sept. 2 in the Oval Office, surrounded by the Alabama delegation, Trump announced that Space Command headquarters would move to Redstone Arsenal in Huntsville. It reversed a 2023 decision by President Joe Biden and could have national security repercussions.

Space Command brings together service members from across the military branches to protect U.S. satellites 62 miles above Earth that enable communications, provide GPS, collect intelligence, and monitor for missile attacks. About 1,000 employees would be expected to relocate, Crank’s office said earlier, as part of a process that could take several years.

The command is separate from the Space Force, the youngest military service branch, and a much larger employer in Colorado Springs. 

The lawsuit argues Trump’s decision may have been unconstitutional because it was intended to punish Colorado for its mail-in voting system and violated federal law requiring public notices and reports to Congress, Weiser said in the federal lawsuit.

When Trump announced Space Command headquarters would move to Alabama, he also said Colorado’s mail-in voting system played a “big factor” in his decision because the system leads to “crooked elections.”

There is no evidence that Colorado’s elections have led to fraud since the mail-in system started in 2013.  

The Supreme Court has repeatedly ruled that states alone have the power to regulate elections for president and state and local offices under the 10th Amendment, the release said. The executive branch is also not permitted to punish states for exercising their powers.

“Retaliation is particularly pernicious because it is open-ended. Colorado faces not only this current punishment but also unbounded future ‘harsh measures’ unless and until the state agrees to bend its sovereign authority in a manner directed by the president,” the lawsuit said.

The lawsuit also argues the Trump administration failed to comply with federal laws requiring the military to follow specific procedures before relocating a major headquarters location, including providing notice to congressional committees.

White House spokeswoman Anna Kelly said in response to The Gazette that it was Biden who made the basing decision political by reversing a decision Trump made just before leaving office to base Space Command in Huntsville.

“The Air Force’s merit-based decision of Huntsville is a win for national security and displays President Trump’s commitment to securing the United States’ global dominance,” she said. “This location puts them in the best situation to improve readiness and protect our national interests while providing the necessary infrastructure capacity, community support, cost effectiveness, and more.”

The Colorado Springs Chamber and EDC’s President and CEO, Johnna Reeder Kleymeyer, said that the group did not support the attorney general’s lawsuit.

“Our focus here in Colorado Springs and El Paso County should be on collaborating with the administration to pursue future opportunities for the defense economy in our region,” she said in a statement.

Crank said Weiser’s politically motivated action was opposed by almost every leader in the community, and he was working on separate efforts, in a statement.

“I remain focused on productive efforts on fighting for El Paso County and its future as a critical part of our national defense,” he said.

Democratic Sens. Michael Bennet and John Hickenlooper said they welcomed the lawsuit.

“I’m glad to see the Attorney General’s Office join this fight, and I look forward to working together to keep Space Command here in Colorado,” Bennet said in a statement.

Hickenlooper’s office pointed to the decision’s cost.

“Uprooting the fully operational command wastes taxpayer dollars and directly undermines our national security at a moment of rising global threats,” the statement said.

The command reached full operational capacity in December 2023, a few months after Biden announced the base would stay at Peterson Space Force Base.

Mayor Yemi Mobolade did not express clear support or oppposition for the legal action.

“As mayor, my focus remains on what’s best for Colorado Springs, our national security, and the many military families who proudly call this community home,” he said.

“As the legal process moves forward, my team and I will continue to support our military and defense partners and advocate for mission readiness and stability here in Colorado Springs.”

Keeping the base local is expected to protect national security interests in space, lawmakers and military officials have said.

The entire Colorado congressional delegation outlined the risks of moving the command would pose in a statement they sent out together after Trump’s announcement. The delegation is split and includes four Republican members of Congress.

“Moving Space Command sets our space defense apparatus back years, wastes billions of taxpayer dollars, and hands the advantage to the converging threats of China, Russia, Iran and North Korea. The Department of Defense Inspector General’s office has reported multiple times that moving the Command will impede our military’s operational capability for years,” it said. 

China poses the largest threat in space. During 2021, the country tested a hypersonic missile that traveled 25,000 miles through space, Gen. Stephen Whiting, who leads Space Command, said in written congressional testimony.

However, Trump argued that Alabama would be the better choice from a national security perspective, noting he expected Huntsville to be home to much of the development work on Golden Dome, a new missile defense system. Colorado Springs is also hoping to claim a large portion of the Golden Dome development work.

The Alabama congressional delegation lobbied hard for the relocation of Space Command, led by Republican Rep. Mike Rogers, chairman of the House Armed Services Committee. The powerful group helps shape the military’s budget, and he successfully blocked funding to build a new headquarters for Space Command in Colorado Springs after Biden’s decision.

It could cost $1.2 billion to construct a new headquarters building in Alabama, and rebuilding specialized communications infrastructure could cost between $2 billion and $3 billion, The Gazette reported in 2022. Previously, Redstone Arsenal had set aside 60 acres of raw land for Space Command.