Monday, April 25, 2022

Arizona Judge Dismisses Lawsuits Aimed At Disqualifying Reps. Gosar, Biggs

An Arizona judge has tossed lawsuits that attempted to disqualify Reps.

The suits, which also took aim at state Rep. Mark Finchem, a Republican, failed because the U.S. Constitution does not provide for private action to enforce Section 3 of the U.S. Constitution's 14th Amendment, Superior Court Judge Christopher Coury ruled.

"Congress has not created a civil private right of action to allow a citizen to enforce the Disqualification Clause by having a person declared to be 'not qualified' to hold public office," the judge ruled.

Coury is the third judge to rule on complaints lodged by Free Speech for the People, a nonprofit that says its aim is to "Fight for free and fair elections, for reliable and secure voting systems, and for the bedrock principle that, in a democracy, all voters must have their votes properly counted." More recently, the group launched a campaign against officials linked to Jan. 6, seeking to bar them from holding office.

In a similar challenge against Rep. Madison Cawthorn, U.S. District Judge Richard Myers II, a Trump appointee, in March entered a preliminary injunction against enforcement of a state law that permits a qualified voter who is registered in the same district as the office of a candidate for an office in the state to challenge the candidate's constitutional or statutory qualifications for office, including the Disqualification Clause.

"The plain language of these statutes, first removing the disability from 'all persons whomsoever' except those listed in the statute and, second, removing the disability from the excepted persons, demonstrates that the disability set forth in Section 3 can apply to no current member of Congress," the judge said.

Rep. Marjorie Taylor Greene offered an argument along those lines in a request for an injunction in the challenge against her, but U.S. District Judge Amy Totenberg denied the request.
 

https://www.zerohedge.com/political/arizona-judge-dismisses-lawsuits-aimed-disqualifying-reps-gosar-biggs 

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