A national nonprofit’s effort to remove from ballots Republicans they allege engaged in “insurrection” fell flat on its face Friday.
Maricopa County Superior Court Judge, Christopher Coury, dismissed cases Friday against Republican Representatives Paul Gosar, Ariz.-4th, and Andy Biggs, Ariz.-5th.
The suits, which also tried to disqualify Rep. Mark Finchem, a candidate for Ariz. Secretary of State, 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.
The section, known as the Disqualification Clause, says if individuals “have engaged in insurrection or rebellion” against the government they may not hold a federal office. This was what the nonprofit Free Speech for People based their cases on to remove the three from ballots in this year’s midterm election.
Not so fast, said Judge Coury, noting in his 19-page decision that the clause clearly states Congress was bestowed with sole power for enforcing the section.
“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,” explained the judge.
All three actions are being appealed, according to a Twitter posted by Maricopa County Court Reporter Stephen Richer to his personal account.
Free Speech for People describes itself as a nonpartisan organization that — among other things — fights for free and fair elections. Yet, the only cases it seems to have brought have been against Republicans. In addition to trying to prevent Reps. Gosar and Biggs from being reelected, by knocking them off November’s ballot, they are behind similar acts against Madison Cawthorn, R-N.C., and Marjorie Taylor Greene, R-Ga..
Gosar opined the cases were attempts to get a court to do what his opponents are unable to do at the polls — defeat him.
“The Democrats have filed a frivolous suit to keep me off the ballot, falsely claiming I am an insurrectionist,” Gosar told The Epoch Times.
“Since 2010, I have beaten, at the ballot box, every Democrat I have faced,” the congressman said. “This is the true reason they want me off the ballot.”
The failures in Ariz. and N.C. do not bode well for the nonprofit’s mission although an Obama appointee in Georgia has allowed the case against Greene to continue.
The nonprofit’s ultimate goal is reportedly to ensure former President Donald Trump cannot win the 2024 election.
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