Christopher Coury, a judge at Maricopa County Superior Court, dismissed a lawsuit that sought to stop Reps. Andy Biggs and Paul Gosar (R), from running for reelection in 2022.
Arizona voters were notified that Republicans were not eligible for November ballots because they took part in the January 6 incident. The media called it an insurrection.
Section three of the Fourteenth Amendment to the U.S. Constitution, enacted after Civil War, was the basis of law suits seeking to disqualify Republicans.
Judge Coury ruled primate citizens can’t sue to prevent candidates from being on the ballot. This right rests with Congress. Coury acknowledged that federal legislation was proposed to enforce the Constitution’s clause, but also added that it would allow the U.S. Attorney General to act in federal court.
Congress has not established a private right to action that would allow citizens to enforce the Disqualification Cause, which is to have a person who is ‘not qualified to hold public office’ declared unqualified.
Griffin’s court then described how the Disqualification Clause was meant to work: “Taking the [Disqualification Clause] there, in its entirety with this last clause, it seems that it puts beyond reasonable doubt the conclusion that the intent of the people in the United States was to create disability, to be removed by a two thirds vote and made operational in other cases through the legislation of Congress in its normal course.”
Arizona voter’s attorney Jim Barton is expected to appeal to the Arizona Supreme Court.
Thomas Hasen v. Mark Finchem is the court case, No. cv 2022 004321 in Maricopa County Superior Court of Arizona.