|Will Democrats oppose Lugar's candidacy?|
...the big question is who ultimately gets to decide if a candidate for Congress meets this requirement. Article I, Section 5, states that each House of Congress is responsible for judging the qualifications of its own members - it is very possible that courts might take this as meaning that they have no jurisdiction to address this matter.That quandry in itself could lead to a protracted legal fight, but probably will not. I suspect that one would have to have legal standing in order to bring the suit. Richard Mourdock, Lugar's opponent would have standing, but Mourdock would have to decide whether or not he has the political capital to try to strike Lugar from the ballot. That's not an easy decision, though it certainly would raise Mourdock's name recognition.
After Indiana's May primary, the Democrat candidate for U.S. Senate would have two paths available to them to strike Lugar's name from the November ballot if Lugar wins the primary. First, they could go to the courts just as Mourdock could. Second, since Article I, Section 5 empowers that each House of Congress to judge the qualifications of its members, Indiana's Democrat nominee could ask the Democrat controlled Senate for an assist. In short, Harry Reid could pick Indiana's next Senator.
Don't take chances. If you live in Indiana, please remember to vote for Richard Mourdock on May 8th.
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