Judge Refuses to Block Paul Gosar, Andy Biggs From Ballot Over Capitol Riot

[kentuck]

https://www.newsweek.com/judge-refuses-block-paul-gosar-andy-biggs-ballot-over-capitol-riot-1700220


A judge in Arizona rejected an effort to prevent GOP Representatives Andy Biggs and Paul Gosar from 2022 midterm election ballots on Friday, asserting that the "plaintiffs have no private right of action" to disqualify the Republicans over their actions related to the January 6, 2021, attack against the U.S. Capitol.

A lawsuit was filed against Biggs, Gosar and GOP state Representative Mark Finchem, contending that the three Arizona Republicans should not be allowed to appear on the ballot—alleging they are not permitted to hold office due to their participation in an "insurrection." Many Democrats and some Republicans have called the attack by former President Donald Trump's supporters against the U.S. Capitol an "insurrection."

Gosar and Biggs voted to decertify President Joe Biden's electors in key battleground states on January 6, 2021, during a joint-session of Congress. Finchem, who is running to be Arizona's secretary of state in a bid to oversee future elections there, supported that effort. None of the three Republicans participated in the attack targeting the U.S. Capitol.

Plaintiffs, represented by the organization Free Speech For People, alleged that Gosar, Biggs and Finchem violated Section 3 of the 14th Amendment to the Constitution, which prohibits elected officials from engaging in an insurrection or rebellion. But Superior Court Judge Christopher Coury in Maricopa County dismissed the lawsuit, Arizona KPNX 12 News first reported.

[niyad]

1. who appointed this judge?

[onenote]

14. originally appointed by Brewer, since then re-elected by wide margins

[Hoyt]

2. Better prepare to beat the Greenes, Cawthorns, Biggs, Gosars, trumps, etc., at the polls,

not through these rinky-dink lawsuits.

[Tommy Carcetti]

4. And yet when we try to promote our candidates against these scoundrels...

…the Wet Blanket Brigade swoops in and says, “Why are you wasting your time and money on these guys? They aren’t competitive seats!”

I tried doing that before MTG was even elected, tried to promote her opponent here, and that’s the exact response I got. And he ended up floundering and dropping out before the election even took place for lack of attention.

At least these “rinky dink lawsuits” serves to shine a light on these cockroaches and who they really are.

[Hoyt]

5. Everyone knows they are cockroaches, some are just fine with that. The rinky dink lawsuits

are a waste of time and an attempt at manipulating elections, although better than storming the Capitol.

[brooklynite]

15. Shine a light for who?

The people in their districts know who they are. The others don't care.

As for supporting their Democratic opponents, I'm happy to have you do so...once you've supported all the Democrats who can actually win. The way to minimize these people is too keep them in the minority by making sure the Democrats hold the House.

[MagickMuffin]

18. I had read mtg's opponent dropped out because of death threats at the time

And yes, it is infuriating hearing Democrats telling us only to support candidates that already have a warchest.


My gerrymandered district can't get rid of Kay Granger because our local candidates in Tarrant county are pretty much on their own. No help at all from the national leadership.

And it even goes deeper than that. Everyone pretty much ignores all of Texas because we are a "red" state. It wouldn't be if we had more $$$$$$$$$$$$.

[Walleye]

3. Insurrection will be part of their next party platform

[onecaliberal]

7. 👆🏻👆🏻

[Walleye]

9. Also perjury

[onecaliberal]

10. It's not their fault that a legal system pretends to defend truth.

You’d have to be a fucking brainless toad not to understand this poor excuse for a human is a lying pile of steaming dung.

[Walleye]

11. Sometimes I wonder how her children feel about her mendacity and hatred

[Novara]

6. WHAT DOES IT TAKE to violate Section 3 of the 14th Amendment to the Constitution????

Asking for a country.

[onecaliberal]

8. A non biased judge to rule. That's what it takes.

[brooklynite]

16. Nothing I saw indicated bias.

What you need to succeed is evidence. Not generic tweets and Newsmax interviews. It was a weak case.

[Pantagruel]

12. Judge simply ruled plaintiffs lacked "standing"

"Coury, however, pointed out that his ruling should not be seen as making a determination on whether the GOP lawmakers did or did not participate in an insurrection or rebellion.


"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," Coury wrote. "This ruling neither validates nor disproves Plaintiffs' allegations against the Candidates. The Court expressly is not reaching the merits of the factual allegations in this case."

Coury noted that "there may be a different time and type of case in which the Candidates' involvement in the events of that day [January 6] appropriately can and will be adjudicated in court."

[Takket]

13. correct......thanks for posting

The problem isn't the judge. The ruling is fair. We went through the same thing with the emoluments cases against drumpf.

[mackdaddy]

17. So the obvious question: Who DOES have standing to bring these charges/allegations?

Or is it more UN-enforceable "rules"?

[former9thward]

19. The U.S. Dept of Justice would have standing.

But several questions would have to be answered. Congress passed Section 3 of the 14th amendment to prevent formers members of the Confederacy from entering the government. So does this part of the 14th amendment apply to modern circumstances? That is not clear at all. Also would it apply to people not charged or convicted of participating in insurrection or sedition? Probably not.

[Hoyt]

20. Good summary. Seems only reason Section 3 doesn't require conviction/charges is because the

Section applied to former confederates, which was pretty easy to determine.