Trump push to oust Omar faces historic Supreme Court test, but legal experts see ‘uncharted’ twist
Federal investigators are examining allegations that Ilhan Omar obtained US citizenship through fraudulent immigration paperwork involving her late father. Omar denies wrongdoing, and no finding has established that she is not a citizen. The dispute could prompt a constitutional test over whether the House may refuse to seat her or expel her, and how a landmark Supreme Court ruling applies.
That 1969 ruling, Powell v. McCormack, barred Congress from excluding a duly elected member who met the Constitution’s qualifications, but legal experts cited in the article say it may not prevent enforcement of those qualifications. House members must be at least 25, have been US citizens for seven years and live in the state they represent. Experts say a separate expulsion process for misconduct would require a two-thirds House vote; Republican Randy Fine has threatened to seek it if Omar is found not to be a citizen.
In short
- Investigators are examining allegations about Omar’s citizenship.
- No finding has established that she is not a citizen.
- Experts say the House could face two distinct constitutional routes.
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