North Dakota lawmakers are bracing for a potential legal battle over a proposed congressional age limit, with an estimated cost of $1 million to defend the measure up to the U.S. Supreme Court. The measure, set to appear on the June 11 ballot, would impose an age limit preventing individuals from running for Congress if they could turn 81 during their House or Senate term.
Legal scholars and political observers have raised concerns about the constitutionality of such an age limit, citing a 1995 U.S. Supreme Court ruling that states cannot set congressional qualifications beyond those outlined in the U.S. Constitution.
The initiative, which garnered over 40,000 signatures to make it onto the ballot, has sparked debate over the state's authority to impose additional qualifications for congressional candidates. Proponents argue that defending the measure is essential to uphold the will of the people, while critics anticipate a legal challenge that could reach the highest court in the land.
If passed, the measure would require North Dakota's attorney general to vigorously defend the age limit, with any voter granted legal standing to enforce the restriction. The potential costs of defending the measure could exceed $1 million, with the state likely needing to hire a special assistant attorney general to handle the case.
While the initiative specifically targets congressional seats, it comes at a time when age and fitness have become focal points in political discourse. The upcoming election year features prominent figures like President Joe Biden, 81, and former President Donald Trump, 77, prompting discussions about the impact of age on political leadership.
As North Dakota lawmakers gear up for a possible legal showdown, the fate of the proposed congressional age limit remains uncertain, with its implications extending beyond state borders to potentially shape the national conversation on age restrictions for elected officials.
