North Dakota lawmakers are anticipating legal challenges to the Legislature’s age limit proposal, estimating it will cost $1 million to defend the bill before the U.S. Supreme Court, and some observers say this could be a test. I think there is a high possibility that this will become a case.
The Legislature’s top committee on Wednesday unanimously approved a $1 million cost estimate for the state to defend the age limit proposed in a constitutional initiative approved on a June 11 vote. Some legal scholars and political observers say state age limits for members of Congress are unconstitutional. They cite a 1995 U.S. Supreme Court ruling on term limits that states states cannot set Congressional qualifications beyond those set out in the U.S. Constitution.
Republican Sen. Janne Myrdal said, “Whether it’s through the media or their own spokespeople, it’s clear that the intent here is litigation and they’re using the action process that has been initiated to advance litigation.” I think I can see their intentions.”
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Republican Sen. Brad Beckedahl said he “absolutely” foresees the age limit challenge being appealed to the U.S. Supreme Court.
The measure would prevent people from running for Congress if they turn 81 during a term in the House or Senate. A fiscal impact of $1 million will appear on the ballot.
FILE – Retired North Dakota Assembly Speaker Jared Hendricks (left) and Scott Tillman, U.S. Term Limits National Field Director, look over the petition they filed for the North Dakota Legislature’s age limit ballot initiative, February 9, 2024 On Wednesday, April 3, at the State Capitol in Bismarck, North Dakota, top legislative committee leaders spoke to the state to defend the age limit proposed in the constitutional initiative approved by the June 11 vote. The cost estimate of $1 million was unanimously approved. (AP Photo/Jacques Duras, File)
Task Force Chairman Jared Hendricks said the numbers are “significantly inflated” and said age restrictions are common.
“More than 40,000 people signed a petition to put this bill on the ballot. We should expect our country to protect what the people clearly want. The Constitution and the law are upheld by the judiciary, literally. “That’s the chief’s job. If someone doesn’t want to do that, and they want to do a defensive job, they shouldn’t be in that position,” Hendricks said in an email.
It is unclear who would object to the age limit if it passes. Deputy Attorney General Claire Ness said someone could challenge the age limit as unconstitutional on its face, and affected candidates could file a lawsuit.
The bill would require North Dakota’s attorney general to “vigorously defend” the age limit, giving it legal standing to enforce it on all voters. Ness said it’s unclear what role, if any, the attorney general’s office would have regarding the latter scenario.
The state would likely have to hire a special assistant attorney general, but the cost could vary depending on the legal issues the other side raises, the attorney’s hourly rate and whether the case is appealed, Ness said. Ta. The costs could easily reach hundreds of thousands of dollars, she told lawmakers.
“I don’t think $1 million is an unreasonable number. It could be more than that,” Ness said.
This measure does not prevent sitting members from running again. The oldest member of North Dakota’s three-person caucus is Republican Sen. John Hoeven, 67. North Dakota has previously had senators in their 80s, including Democrat Quentin Burdick, who died in office at age 84 in 1992.
The initiative applies only to seats in Congress, but this election year, President Joe Biden, 81, and former President Donald Trump, 77, will also be competing in a rematch of an election that drew scrutiny on age and fitness. become.
The bill states: “No person shall be elected or appointed to serve a term or part of a term in the United States Senate or the United States House of Representatives if he or she may reach the age of 81 by December 31 of the immediately preceding year.” “It is not possible to do so.” end of term. ”
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The push for the bill emerged last summer amid intense age and health scrutiny of lawmakers. Democratic Sen. Dianne Feinstein died last year at the age of 90 after suffering health problems. Republican Senate Minority Leader Mitch McConnell, 82, froze twice in front of reporters last year.
