OPINION:
Rep. Mariannette Miller-Meeks was elected to Congress by a six-vote margin. Her opponent lost every election challenge she mounted. Mrs. Miller-Meeks was seated and has served in the House since Jan. 3 — yet Democrats in the House seek to remove her pursuant to the power of the House to judge the “election” of its members under Article I, Section 5 of the U.S. Constitution. The House Democrats are not judging Mrs. Miller-Meeks under the election clause; they are trying to expel her from Congress.
Article 1, Section 5 says the House may expel a member “with the concurrence of two thirds” of its members. Mrs. Miller-Meeks was seated and has served in the House without objection. If she is removed now, it will be an expulsion of a sitting member, not a judgment of Mrs. Miller-Meeks’ election.
In a previous case, the U.S. Supreme Court said the House may allow a member to sit while it judges her election. However, Mrs. Miller-Meeks was not seated on probation, nor was she subject to reservation pending judgment under the election clause. She was seated unconditionally and has served with no strings attached. If she is ousted now, it will be an expulsion requiring a two-thirds vote.
JIM DUEHOLM
Washington
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