Utah Supreme Court Says Initiative for Age Limits for Congressional Candidates Can’t Try to Get on Ballot

Posted on by June 28, 2024

On June 27, the Utah Supreme Court issued a unanimous opinion in Phillips v Henderson, 2023-1098.  This is the case over a proposed initiative to make it illegal for congressional candidates to run for election or re-election if they will attain age 81 during the new term in office.  The Court said the proponents can’t even begin to qualify the initiative, because even if it got on the ballot and passed, it would violate the U.S. Supreme Court opinion U.S. Term Limits v Thornton (2005).

The decision does say the initiative proponents have standing.  They will now ask the U.S. Supreme Court to hear the case.  Thus, eventually, there may be two cases asking the U.S. Supreme Court to reverse the term limits case.  The first would be from North Dakota, where the voters passed an initiative earlier this month setting similar age limits for congress.  So far, no one has sued to overturn the North Dakota initiative.

Comments

Utah Supreme Court Says Initiative for Age Limits for Congressional Candidates Can’t Try to Get on Ballot — 36 Comments

  2. ANY MORON CASE TO GET RID OF A-L-L USA CONST AMDTS —

    OR EVEN THE USA CONST OR EVEN THE 4 JULY 1776 DOI ???

  4. How come presidential candidates that don’t meet the Constitutional qualifications can still be put on the ballot, but initiatives that run against the Constitution can be blocked from the ballot?

    —

    Assange’s release is bigger news this week than the presidential debate. I remember Assange spoke at the 2016 US Green Party convention. His message about political extortion stuck in my mind.

  5. To change the qualifications in the Constitutional for federal elective office requires a Constitutional Amendment ratified by three-fourths of the states.

  7. Not to mention a two-third vote in the affirmative in each house of Congress, D. Frank.

  8. When someone mentions something, it doesn’t mean that they have to be comprehensive.

  9. If there is no choice but a constitutional amendment, a better idea might be an amendment that gave the states power to recall members of Congress. Then each state could decide on an individual basis whether or not to keep an old member.

    IMO, elderly members of Congress are not as problematic as elderly Presidents.

  10. ALSO RECALL ENTIRE LEGISLATIVE BODIES — IF SHORT TERMS [EVEN 1 YEAR OR LESS] AND P.R. ARE NOT ENOUGH.

  11. WZ —
    HOW ABOUT elderly [aka olde] SCOTUS HACKS ???

    BELIEVE FIRST USA IMPEACHMENT WAS FOR A NUTCASE/INSANE FED DISTRICT JUDGE CIRCA 1810.

  13. @Andy,

    US Term Limits (the organization) is trying to trigger a test case to overturn ‘US Term Limits v. Thornton’, which was a 5-4 decision.

  14. AZ is around 80 years old. There are plenty of hilariously awful court cases he filed and lost from the early 70s available online.

  16. Older than Trump?

    Older than Biden?

    How old did one have to be to file a pro se lawsuit in Michigan in 1971? 21? 18? Emancipated Minor?

    Could AZ be 90 or 100÷?

  17. Az is a bot. Thomas W Jones of Detroit, whose idiosyncratic ideas form the basis of AZ BOT drek along with fake news and a few other inputs, died during covid. It may have been from Covid, old age, or other causes. He passed away at the age of 86. If he was alive he’d be 88.

  18. Donald Trump is the name of the White Man who is dreaming
    Of killing muds and listening to them screaming

  19. @ dead or alive

    You spin me round like a record baby

    Round round round round

    I want your lice

  20. No one knows

    Bout Biden’s gangster mentality
    He’s an old politician, but
    Mob boss in reality

  21. @Pete Burns
    I want your lice and I want your revenge
    I don’t want to be friends
    I don’t want to be friends

  22. Some Rs have all the luck
    Some Ds have all the pain
    Some Rs grab all the V
    Some Ds do nothing but complain..

  23. They got a name for the winners in life ,
    I want a name when dims lose
    They call it a GOP red tide
    Call dims deeper blews…

  24. Biden, Biden, get on that boat
    Biden, Biden, row
    Biden, Biden, get out of hero
    Biden, Biden, go, go, go!

  30. Dims going down down baby
    Like a bitch for Rover
    Street sweeper baby, cocked, ready to let it go
    Shimmy, shimmy, crack stem pipe, listen to it pound
    Light ’em up and take a puff, get Trump back in now

  34. You’d have to identify who all these alleged troll morons are, and answer the perfectly reasonable question about your age.

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