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Legal experts weigh Supreme Court precedent in potential Omar citizenship fight

Legal experts told Fox News Digital that President Donald Trump’s push to remove Representative Ilhan Omar from Congress May face a constitutional test, with some scholars arguing that a landmark Supreme Court ruling does not prevent House Republicans from challenging her citizenship status. Federal investigators are currently examining whether the Minnesota Democrat improperly obtained U.S. Citizenship through immigration paperwork related to her late father, a claim Omar has denied.

Constitutional scholars John Yoo and Cully Stimson noted that the 1966 Powell v. McCormack decision, which blocked the exclusion of a duly elected member, does not bar Congress from enforcing the Constitution’s explicit citizenship requirement. Stimson described the current situation as uncharted waters, suggesting that if federal authorities present evidence challenging Omar’s citizenship before the new Congress convenes in January, House Republicans could attempt to prevent her from being seated.

A second potential route involves seating Omar and then pursuing expulsion for misconduct, a disciplinary action requiring a two-thirds House vote that was not addressed in the Powell ruling. Representative Randy Fine of Florida said he would demand immediate expulsion if Omar is found not to be a citizen, while legal analysts pointed to the 2023 expulsion of Representative George Santos as a precedent for disciplining misconduct that began before a member took office.

Read the full story at Fox News.

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