Arizona Decision is Setback in Dem Effort to Disqualify House GOPers for ‘Insurrection’

Contact Your Elected Officials
The Epoch Times Header

An Arizona judge’s decision stopping moves to keep two Republican congressmen and a state representative off the November ballot due to their alleged January 6, 2021, “insurrection” roles at the U.S. Capitol likely foreshadows the outcome of similar efforts in other states, according to the attorney who argued the case.

Superior Court Judge Christopher Coury ruled against motions brought by plaintiffs seeking the removal of Arizona U.S. Representatives Paul Gosar and Andy Biggs and state representative Mark Finchem, saying the 14th Amendment’s Disqualification Clause requires congressional action to remove an elected official, not a suit brought by private citizens in a state court.

“The express language of the United States Constitution controls this issue. The Disqualification Clause creates a condition where someone can be disqualified from serving in public office. However, the Constitution provides that legislation enacted by Congress is required to enforce the disqualification pursuant to the Disqualification Clause,” Coury ruled.

“Aside from criminal statutes dealing with insurrection and rebellion which Congress has enacted (lawsuits which require the government, not private citizens, to initiate), Congress has not passed legislation that is presently in effect which enforces the Disqualification Clause against the candidates,” Coury said.

He was referring to Section 3 of the 14th amendment as the “Disqualification clause” approved by Congress following the Civil War to bar former officials of the Confederacy from holding office under the U.S. Constitution.

Coury noted that “legislation that proposes to enforce the Disqualification Clause currently is pending in the United States Congress, but has not yet been enacted. Therefore, given the current state of the law and in accordance with the United States Constitution, Plaintiffs have no private right of action to assert claims under the Disqualification Clause.”

The 11 plaintiffs, all individual Arizona citizens, who filed the complaint against Gosar, Biggs, and Finchem were represented by attorneys with Free Speech for People (FSP), an Austin, Texas-based left-wing advocacy group.

An FSP spokesman told The Epoch Times the plaintiffs reject the judge’s reasoning and are planning to file an appeal to the Arizona Supreme Court.

By Mark Tapscott

Read Full Article on TheEpochTimes.com

The Epoch Times
The Epoch Timeshttps://www.theepochtimes.com/
Tired of biased news? The Epoch Times is truthful, factual news that other media outlets don't report. No spin. No agenda. Just honest journalism like it used to be.

The Sacred Honor of the 56

Today we're celebrating the sacred honor of the 56 men who signed the Declaration of Independence.

Alligator Alcatraz: A Bold Step Toward Secure Borders

Alligator Alcatraz funded through FEMA, represents a decisive move by the Trump admin to address illegal immigration with efficiency and resolve.

Is America Broke?

Silicon Valley investor and economic commentator Balaji Srinivasan made...

Hungary: Pride™ Cometh Before the Color Revolution

The EU engaged in a diplomatic siege of the Eastern European nation-state of Hungary pressuring it into embrace global trannyism or face wrath of Brussels.

Understanding the Trump/Musk Feud

The passion Trump and Musk exhibit over the OBBB is not contrived or for show. Each is addressing the problem from completely different approaches.

Noem Waives Environmental Restrictions to Fast-Track Water Barriers in Rio Grande

DHS Sec Kristi Noem waived federal environmental laws to fast-track construction of 17 miles of waterborne barriers in the Rio Grande in South Texas.

Federal Officials Warn of ‘Lone Wolf’ Terror Threats on July 4, NY Governor Says

NY Gov. Kathy Hochul confirmed that federal officials informed her about a possible terrorist threat ahead of the July 4 Independence Day holiday.

Record 1 in 5 Buyers of New Cars Committing to $1,000-Plus Monthly Payments: Edmunds

The share of new car buyers committing to make monthly payments of $1,000 or more hit an “all-time high” in the second quarter of 2025.

US Economy Adds 147,000 New Jobs, Unemployment Rate Dips to 4.1 Percent in June

The U.S. job market remained strong in June, as labor conditions continued to hold up amid economic uncertainty.

US Keeps Pressure on Chinese Goods Amid Vietnam Trade Deal

Transshipping—rerouting goods through a third country to disguise the origin of the products—is a focal point of trade negotiations with Asian markets.

White House Report Reveals Top Earners, Staffers Working for No Salary

The Trump admin released its yearly report that shows the salaries for White House staffers, also revealing officials who aren’t accepting salaries at all.

Transportation Secretary Urges Governors to Remove Political Messages From Crosswalks, Intersections

Duffy sent letters to governors, mayor of D.C., and gov of Puerto Rico urging them to remove political messaging from intersections and crosswalks.

Bessent: US, India Near Agreement to Lower Tariffs

The United States and India are “very close” to a trade agreement, Treasury Secretary Scott Bessent said on Tuesday.
spot_img

Related Articles