One attempt by Democrats to disqualify Republicans from running for reelection in this year’s midterm elections has failed.
Breitbart News reports that an Arizona judge has just dismissed a lawsuit that sought to stop Reps. Andy Biggs (R-AZ), Paul Gosar (R-AZ) as well as state Rep. Mark Finchem (R) from running for reelection.
The lawsuit was brought on behalf of Arizona voters. It sought to invoke Section 3 of the Fourteenth Amendment of the U.S. Constitution, which, in relevant part, states:
No person shall be a Senator or Representative in Congress . . . who, having previously taken an oath, as a member of Congress . . . to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same . . .
The argument is that Biggs, Gosar, and Finchem violated Section 3 of the Fourteenth Amendment by participating in the Capitol protests that occurred on Jan. 6, 2021.
Maricopa County Superior Court Judge Christopher Coury, however, disagreed with this argument and ended up tossing the lawsuit.
Coury argued that Section 3 of the Fourteenth Amendment doesn’t allow a private citizen to sue to stop a candidate from running for office and that Congress has not created such a right through legislation.
Coury cited precedent that reads:
[I]t seems to put beyond reasonable question the conclusion that the intention of the people of the United States, in adopting the fourteenth amendment, was to create a disability, to be removed in proper cases by a two-thirds vote, and to be made operative in other cases by the legislation of congress in its ordinary course.
So, Coury tossed the lawsuit. It is expected, however, that Coury’s decision will be appealed.
Many expected this to be a strategy employed by the Democrats in this year’s midterm elections – that is, trying to get Republican candidates disqualified for any link that they may have to Jan. 6, 2021.
Rep. Biggs released a statement, following Jude Coury’s decision, saying, in part, “the radical Left is going to extreme lengths to prevent Republicans from running in congressional elections.”
“The frivolous argument used against me has been used in other states to target mainstream Republicans running for re-election,” Biggs continued. “Their efforts are failing and will continue to fail.”
“This type of political harassment is unacceptable,” Biggs concluded.