lawsuit filed on behalf of a handful of Arizona voters against Republican Representative Paul Gosar, Republican Representative Andy Biggs, as well as Republican state Representative Mark Finchem in Arizona has failed to keep them off the ballot.
The lawsuit claimed that Gosar, Biggs, and Finchem could not hold office because they allegedly participated in an insurrection against the United States government. None of the lawmakers are accused of participating in an actual attack on the Congress.
The lawsuit stems from the fact that Representative Paul Gosar, Representative Andy Biggs, and state Representative Mark Finchem all helped to organize the January 6, 2021 rally in Washington, D.C. The plaintiffs have completely ignored the fact that these gentlemen have the right to association and organization for political reasons, as well as free speech. Organizing a rally that is political in nature is not the same thing as attacking the capital.
Maricopa County Superior Court Judge Christophere Coury made his decision public on Friday. The Judge agreed withthe lawmakers’ attorneys, which said Congress had no way of enforcement of the mechanism of the 14th Amendment except for a criminal conviction.
The Judge also noted that Congress has proposed such a law in the wake of the January 6, 2021 psychological operations by the government against the United States people, but it has not been made into law yet. “Therefore, give 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,” Coury wrote. “The text of the Constitution is mandatory. It sets forth the single arbiter of the qualifications of members of Congress; that single arbiter is Congress.”
The plaintiffs’ attorneys, representing the voters in this case, had urged the judge to hold a three-day trial. The judge dismissed this, noting that the election challenge case is, by definition, rushed.
The attorneys for Representative Gosar raised free speech issues. Ironically Free Speech For People, the group representing the plaintiff’s, which was trying to silence these Representative’s speech, vowed to appeal to the Supreme Court. They said that the ruling was contrary to Arizona’s law. It’s interesting that they discern only certain people should have free speech.
Their fringe position is that these candidates who simply organized a political rally had attempted to engage in an insurrection against the federal government in a statement. “Arizona is not exempted from the mandate of Section 3 of the Fourteenth Amendment to the U.S. Constitution,” the group said in a statement. “A candidate who has taken an oath of office and then engaged in insurrection has no place on a future Arizona ballot.”
Free Speech For People are also pursuing lawsuits against mem…