North Dakota lawmakers are bracing for a legal challenge to a proposed congressional age limit and estimate it could cost the state up to $1 million to defend the measure all the way up to the U.S. Supreme Court. The measure would prevent individuals from running for Congress if they could turn 81 during their House or Senate term. Legal scholars and political observers have raised concerns that a state age limit for members of Congress would be unconstitutional, citing a 1995 U.S. Supreme Court ruling. However, supporters argue that over 40,000 people signed a petition to place the measure on the ballot, indicating popular support.
The measure’s chairman, Jared Hendrix, emphasized the importance of the state defending something that the people clearly want, stating that it is the job of the attorney general to defend the constitution and laws. However, while the measure would require the attorney general to “zealously defend” the age limit, it remains unclear what role the attorney general’s office would have in enforcing the measure. Deputy Attorney General Claire Ness explained that the state would likely have to hire a special assistant attorney general, with costs potentially reaching hundreds of thousands of dollars depending on various factors such as legal issues, hourly rates, and appeals.
Currently, the age limit measure does not apply to any incumbents, meaning that it would not prevent any current members of Congress from running for reelection. While the focus is on congressional seats, the initiative has drawn parallels to the age and fitness scrutiny of prominent political figures such as President Joe Biden and former President Donald Trump. The measure explicitly states that individuals cannot be elected or appointed to serve a term in the U.S. Senate or House of Representatives if they could attain 81 years of age by December 31st of the year preceding the end of the term.
Republican Sen. Brad Bekkedahl expressed his expectation that any legal challenge to the age limit would likely be appealed to the U.S. Supreme Court, highlighting the potential significance of this case as a test of whether states can impose additional qualifications beyond those outlined in the U.S. Constitution. While it remains unclear who would challenge the age limit, Deputy Attorney General Claire Ness outlined potential scenarios, such as a facial challenge to the measure’s constitutionality or a lawsuit filed by an affected candidate. With costs estimated to potentially exceed $1 million, lawmakers are preparing for a potentially lengthy and expensive legal battle to defend the measure in court.
Amid growing concerns about the age and health of members of Congress, the debate over the proposed age limit reflects broader discussions around the qualifications and suitability of individuals serving in elected office. The measure’s emergence last summer was prompted in part by age-related concerns surrounding members of Congress, including recent incidents involving Democratic Senator Dianne Feinstein and Republican Senate Minority Leader Mitch McConnell. As the legal battle over the age limit looms, North Dakota lawmakers are gearing up for what could be a high-stakes challenge with far-reaching implications for the state’s ability to set additional qualifications for congressional candidates.
