An Arizona judge dismissed a lawsuit last week that attempted to bar three Republicans from appearing on the November ballot due to attending the January 6, 2021 rally at the White House Ellipse.
Arizona State Rep. Mark Finchem (R), who was one of the lawmakers named in the suit, took a victory lap on Twitter Friday following Maricopa County Superior Court Judge Christopher Coury’s dismissal, posting a picture on Twitter Friday that read, “Boom. JUSTICE SERVED”.
Judge Christopher Coury determined the plaintiffs did not have the grounds to sue in the case as they requested. “Plaintiffs have not cited persuasive authority or presented a developed legal argument…” Coury wrote, in part.
“The express language of the United States Constitution controls this issue. The Disqualification Clause creates a condition where someone can be disqualified from serving in public office. However, the Constitution provides that legislation enacted by Congress is required to enforce the disqualification pursuant to the Disqualification Clause,” Judge Coury ruled.
“Aside from criminal statutes dealing with insurrection and rebellion which Congress has enacted (lawsuits which require the government, not private citizens, to initiate), Congress has not passed legislation that is presently in effect which enforces the Disqualification Clause against the candidates,” Coury said.