Current:Home > MyExpecting a lawsuit, North Dakota lawmakers estimate $1 million to defend congressional age limit-DB Wealth Institute B2 Expert Reviews
Expecting a lawsuit, North Dakota lawmakers estimate $1 million to defend congressional age limit
View Date:2024-12-23 18:42:50
BISMARCK, N.D. (AP) — North Dakota lawmakers are expecting a legal challenge to a proposed congressional age limit, and estimate $1 million to defend the measure up to the U.S. Supreme Court, in what some observers see as a likely test case.
A top legislative panel on Wednesday unanimously approved a $1 million cost estimate for the state to defend the age limit proposed in a constitutional initiative approved for the June 11 ballot. Some legal scholars and political observers have said a state age limit for members of Congress would be unconstitutional. They cite a 1995 U.S. Supreme Court ruling on term limits that states cannot set congressional qualifications beyond those in the U.S. Constitution.
“I think I see clear intent, whether it’s through media and their own spokesman, that the intent here is litigation, and they’re using the initiated measure process to push that litigation,” Republican Sen. Janne Myrdal said.
Republican Sen. Brad Bekkedahl said he “absolutely” foresees an age limit challenge being appealed to the U.S. Supreme Court.
The measure would prevent people from running for Congress if they could turn 81 during their House or Senate term. The $1 million fiscal impact will be listed on the ballot.
Measure chairman Jared Hendrix called the number “quite inflated,” and said age limits are popular.
“Over 40,000 people signed our petition to place this measure on the ballot. It should be expected that the state defends something that the people clearly want. It’s literally the job of our attorney general to defend our constitution and laws. If someone doesn’t want to do that job of defending, they should not be in those positions,” Hendrix said in an email.
It’s unclear who would challenge the age limit, if passed. Someone could challenge the age limit as unconstitutional on its face, or an affected candidate could sue, according to Deputy Attorney General Claire Ness.
The measure would require North Dakota’s attorney general to “zealously defend” the age limit, and would give any voter legal standing to enforce the age limit. Ness said it’s unclear what role, if any, the attorney general’s office would have as to the latter scenario.
The state would likely have to hire a special assistant attorney general, costs of which can vary, depending on the legal issues raised by the other side, the attorney’s hourly rate and whether the case goes to appeal, Ness said. Costs could easily be in the hundreds of thousands of dollars, she told lawmakers.
“I don’t think that $1 million is unreasonable as a high number. It could go beyond that,” Ness said.
The measure wouldn’t stop any incumbents from running again. The oldest member of North Dakota’s three-person congressional delegation is Republican Sen. John Hoeven, at 67. North Dakota has had octogenarian senators in the past, including Democrat Quentin Burdick, who died in office in 1992 at age 84.
While the initiative applies only to congressional seats, this election year will also feature President Joe Biden, 81, and former President Donald Trump, 77, competing in an election rematch that has drawn scrutiny of their ages and fitness.
The measure reads: “No person may be elected or appointed to serve a term or a portion of a term in the U.S. Senate or the U.S. House of Representatives if that person could attain 81 years of age by December 31st of the year immediately preceding the end of the term.”
The measure’s push emerged last summer amid age- and health-related scrutiny of members of Congress. Democratic Sen. Dianne Feinstein died last year at age 90 after health struggles. Republican Senate Minority Leader Mitch McConnell, 82, froze twice in front of reporters last year.
veryGood! (66)
Related
- Human head washes ashore on Florida beach, police investigating: reports
- Powerball winning numbers for November 6 drawing: Jackpot rises to $75 million
- Garth Brooks Files to Move Sexual Assault Case to Federal Court
- A voter-approved Maine limit on PAC contributions sets the stage for a legal challenge
- 2025 NFL Draft order: Updated first round picks after Week 10 games
- Husband of missing San Antonio woman is charged with murder
- Fed lowers key interest rate by quarter point as inflation eases but pace of cuts may slow
- King Charles III Reveals His Royally Surprising Exercise Routine
- What happens to Donald Trump’s criminal conviction? Here are a few ways it could go
- Sumitomo Rubber closing western New York tire plant and cutting 1,550 jobs
Ranking
- Louisiana mom arrested for making false kidnapping report after 'disagreement' with son
- Husband of missing San Antonio woman is charged with murder
- Majority Black Louisiana elementary school to shut down amid lawsuits over toxic air exposure
- Chiefs' deal for DeAndre Hopkins looks like ultimate heist of NFL trade deadline
- Utah AD Mark Harlan rips officials following loss to BYU, claims game was 'stolen from us'
- Sea turtle nests increased along a Florida beach but hurricanes washed many away
- NWSL playoff preview: Strengths, weaknesses, and X-factors for all eight teams
- Ex-aide to NYC Mayor Eric Adams in plea discussions with federal prosecutors
Recommendation
-
The Cowboys, claiming to be 'all in' prior to Dak Prescott's injury, are in a rare spot: Irrelevance
-
Southern California wildfire destroys 132 structures as officials look for fierce winds to subside
-
Brianna Chickenfry LaPaglia Speaks Out After Detailing Zach Bryan’s Alleged Emotional Abuse
-
2025 Grammys: Cardi B, Miley Cyrus and More Stars React to Their Nominations
-
Michael Jordan and driver Tyler Reddick come up short in bid for NASCAR championship
-
'Jeopardy!' contestant says controversial sexist clue was 'a little uncomfortable'
-
Kristin Cavallari and Ex Mark Estes Reunite at Nashville Bar After Breakup
-
Martha Stewart’s Ex-Husband Andy Stewart Calls Out Her Claims in Sensationalized Documentary