Current:Home > StocksExpecting a lawsuit, North Dakota lawmakers estimate $1 million to defend congressional age limit -StockSource
Expecting a lawsuit, North Dakota lawmakers estimate $1 million to defend congressional age limit
View
Date:2025-04-12 13:15:37
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! (7)
Related
- Sonya Massey's father decries possible release of former deputy charged with her death
- Wealthy millennials are rejecting stocks for 'alternative' investments. What are they?
- Meet Katie Grimes, the Olympic Swimmer Katie Ledecky Has Dubbed the Future of Their Sport
- Arkansas standoff ends with suspect dead after exchange of gunfire with law enforcement
- Most popular books of the week: See what topped USA TODAY's bestselling books list
- North Carolina regulators says nonprofit run by lieutenant governor’s wife owes the state $132K
- 2024 Paris Olympics: Céline Dion Shares How She Felt Making Comeback With Opening Ceremony Performance
- France’s train network hit by 'massive attack' before Olympics opening ceremony
- Elon Musk's skyrocketing net worth: He's the first person with over $400 billion
- Christian Nodal, Ángela Aguilar get married nearly 2 months after announcing relationship
Ranking
- Which apps offer encrypted messaging? How to switch and what to know after feds’ warning
- Gymnast Levi Jung-Ruivivar Suffers Severe Allergic Reaction in Olympic Village
- Why Tonga’s Iconic Flag Bearer Pita Taufatofua Isn't Competing at the 2024 Olympics
- Simone Biles will attempt a new gymnastics skill on uneven bars at Olympics. What to know
- Romantasy reigns on spicy BookTok: Recommendations from the internet’s favorite genre
- Think Team USA has a lock on gold? Here's how LeBron & Co. could get beaten
- Billy Joel gives fans a big surprise as he ends historic Madison Square Garden run
- Olympics 2024: Lady Gaga Channels the Moulin Rouge With Jaw-Dropping Opening Ceremony Performance
Recommendation
Costco membership growth 'robust,' even amid fee increase: What to know about earnings release
Angelina Jolie and Brad Pitt's Daughter Shiloh Is Dedicated to Pursuing Dancing
AI 'art' is ruining Instagram and hurting artists. This is what needs to change.
Olympics 2024: Chrissy Teigen and John Legend's Kids Luna and Miles Steal the Show at Opening Ceremony
What were Tom Selleck's juicy final 'Blue Bloods' words in Reagan family
7 additional Red Lobster restaurants have closed, bringing total to at least 106: See list
Everyone's obsessed with Olympians' sex lives. Why?
Watch this police K-9 become the hero of an urgent search and rescue