Legal Challenge to Hillary Clinton Appointment

Right Side News

Judicial Watch has taken a lawsuit challenging Hillary Clinton’s constitutional eligibility to serve as Secretary of State to the United States Supreme Court. On December 31, 2009, we officially filed our appeal. (Actually, the technical term for our court filing is a “Jurisdictional Statement,” which you can read in its entirety here).

It has been almost a year since we originally filed this lawsuit against the Clinton appointment on behalf of Foreign Service Officer David C. Rodearmel. Here’s the crux of our argument:

The Ineligibility Clause of the U.S. Constitution prohibits Clinton from serving as Secretary of State and Mr. Rodearmel cannot be forced to serve under the former U.S. Senator, as it would violate the oath he took as a Foreign Service Officer in 1991 to “support and defend” and “bear true faith and allegiance” to the Constitution of the United States.

Here’s why: The Ineligibility Clause clearly states: “No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time.” However, as Judicial Watch notes in its complaint, “the ‘compensation and other emoluments’ of the office of the U.S. Secretary of State increased during Mrs. Clinton’s tenure in the U.S. Senate, including as many as three times during the second, six-year term to which she was elected.”

Unfortunately, a three-judge panel of the U.S. District Court dismissed Judicial Watch’s lawsuit on October 29, 2009, ruling that Mr. Rodearmel lacked “standing” to bring the lawsuit. However, the court did not address the constitutional merits of the lawsuit itself. We hope the Supreme Court will.

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