Arizona's Gosar, Biggs, Finchem survive disqualification attempts

Reps. Andy Biggs and Paul Gosar of Arizona, along with state Rep. Mark Finchem, won the right to run for re-election on Monday. An attempt was made to remove them from their respective ballots under the 14th Amendment, which states that no one who has participated in an "insurrection or rebellion" should be permitted to serve in elected office.

This was written to prevent those who had joined the South in rebellion against the North during the Civil War from attaining office. A Superior Court Judge determined last month that the 14th amendment is limited to Congress to enforce when it comes to disqualifying candidates. An appeal was brought, and the Arizona Supreme Court determined that the lower court had found correctly.

"The Court, en banc, has considered the briefs and authorities in this appeal, and agrees with the superior court that Plaintiffs have failed to state a claim upon which relief may be granted. We note that Section 5 of the Fourteenth Amendment appears to expressly delegate to Congress the authority to devise the method to enforce the Disqualification Clause," wrote Chief Justice Robert Brutinel.

The group that brought the litigation, Free Speech For People, had alleged that that Reps. Gosar, Biggs and State Rep. Mark Finchem shouldn't be allowed to run for re-election on claims of violating section 3 of the 14th Amendment.

As Newsweek previously summarized, what this amounted to in the case of the trio of politicians was that Biggs and Gosar voted to de-certify electors for Biden on January 6th, 2021, with Finchem supporting the effort.

However, none of the three stood accused of physically participating in the Capitol riot on January 6, 2021. The ruling made by Superior Court Judge Christopher Coury still stands, and all three are qualified to run for elections again in the future.

Free Speech For People commented on the decision to the Arizona Mirror, saying today's decision "gives a pass to political violence as a tool for disrupting and overturning free and fair elections."

A similar ruling was made in the case of Georgia Rep. Marjorie Taylor Greene last Friday, also brought forward by the Free Speech For People group. Secretary of State Brad Raffensperger agreed with the findings of an administrative law judge that Greene was eligible to run for re-election, despite the allegations of insurrection commentary brought against her in a lawsuit.