On May 9, the Arizona Supreme Court issued a very short opinion in Hansen v Finchem, cv-22-0099. This is the case filed by voters who want to challenge the qualifications of two sitting members of Congress, and a state legislator, over the “insurrection” language in the Fourteenth Amendment.

The decision says, “By its terms, the statute’s scope is limited to challenges based upon ‘qualifications…as prescribed by law’ and does not include the Disqualification Clause, a legal proscription from holding office.” This seems to say that challenges can only be brought against candidates who don’t meet state laws (as opposed to federal laws) on qualifications. Arizona state law sets out age qualifications for candidates for congress, but doesn’t mention insurrection.

The result thus agrees with the decision of the lower state court, although the reasoning is different from the lower court’s reasoning. Thanks to Thomas Jones for this news.