As Democrats face the reality of what this year’s midterm elections likely hold in store, they have been attempting a variety of poor strategies to hold off the oncoming red wave. They have gerrymandered congressional districts and hyped up everything Speaker Nancy Pelosi’s January 6 Committee has been able to cook up.
Along that line, they have even attempted to disqualify some Republicans from even running again by calling them “insurrectionists” in a series of cases designed to show they are prohibited from serving under the Constitution.
The Democratic advocacy group Free Speech for the People brought an action claiming that Section 3 of the 14th Amendment disqualifies Reps. Paul Gosar (R-AZ) and Andy Biggs (R-AZ) from running for reelection this year.
That constitutional provision provides a person “shall not be a Senator or Representative in Congress” who has previously taken an oath to support the Constitution and thereafter “engaged in insurrection or rebellion” against the United States.
The provision was adopted as part of the amendments added immediately after the Civil War, and was directly addressed at the qualification of previous members of the Confederate government to serve again in the United States government.
The problem with the Arizona case is that none of the Republican defendants were involved in the riot outside and inside the Capitol Building on January 6, 2021. The plaintiffs in the case have claimed that they were “involved” in the events of January 6 by participating in the rally that occured the same day.
The mere act of Gosar and Biggs of not accepting the electoral votes of some states after the 2020 election is not an “insurrection.” In fact, it is something that Democrats themselves have done on several occasions.
The Arizona case was accordingly thrown out of court. The judge hearing the matter said that the GOP defendants have “not been charged with or convicted of” any federal or state crime having any relation to insurrection or rebellion against the United States. The judge also agreed with the Republican defendants that the only Constitutional power to determine the qualifications of any person to serve in Congress is Congress itself.
Another case is pending against Rep. Marjorie Taylor Greene (R-GA) and she provided testimony on Friday that demonstrated how flimsy the claims of Democratic activists are.
A similar case against Rep. Madison Cawthorn (R-NC) has also been dismissed.
There is no way to predict what other wild swings Democrats will take throughout the year as the reckoning of the November elections draws near.