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.
This shpuld get thrown out in court in North Dakota as well.
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 ???
https://legacy.utcourts.gov/opinions/supopin/Phillips%20v.%20Henderson20240627.pdf
UT SCT OP
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?
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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.
To change the qualifications in the Constitutional for federal elective office requires a Constitutional Amendment ratified by three-fourths of the states.
Yep
Not to mention a two-third vote in the affirmative in each house of Congress, D. Frank.
When someone mentions something, it doesn’t mean that they have to be comprehensive.
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.
ALSO RECALL ENTIRE LEGISLATIVE BODIES — IF SHORT TERMS [EVEN 1 YEAR OR LESS] AND P.R. ARE NOT ENOUGH.
WZ —
HOW ABOUT elderly [aka olde] SCOTUS HACKS ???
BELIEVE FIRST USA IMPEACHMENT WAS FOR A NUTCASE/INSANE FED DISTRICT JUDGE CIRCA 1810.
How old is AZ?
@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.
AZ is around 80 years old. There are plenty of hilariously awful court cases he filed and lost from the early 70s available online.
Dead or alive?
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÷?