Trump push to oust Omar faces historic Supreme Court test, but legal experts see ‘uncharted’ twist

Fox News ^ | 10/31/26 | Charles Creitz

[Libloather]

President Donald Trump' s push to oust Rep. Ilhan Omar amid allegations of immigration fraud could trigger a constitutional fight, with legal experts telling Fox News Digital that a landmark Supreme Court case involving another entrenched Democrat may not stand in Republicans’ way.

Federal investigators are examining whether the Minneapolis Democrat improperly obtained U.S. citizenship through allegedly fraudulent immigration paperwork involving her late father. Omar has denied wrongdoing, and no finding that she lacks U.S. citizenship has been established.

Experts said Omar may not have the protections established in the landmark case involving House chairman Adam Clayton Powell Jr., D-N.Y., in which the Supreme Court blocked an effort to exclude him from Congress.

Powell faced allegations of misusing congressional funds and improperly paying his wife from the congressional payroll. Despite his reelection, the House voted to exclude him in 1967, but the Supreme Court later ruled that Congress could not refuse to seat a duly elected member who satisfied the Constitution's qualifications.

The first potential route for Republicans would be to challenge whether Omar meets the Constitution's citizenship requirement. Former Deputy Assistant Attorney General John Yoo and constitutional scholar Cully Stimson told Fox News Digital that the Powell ruling does not prevent Congress from enforcing constitutional qualifications.

"Powell essentially means that Congress cannot add on to the minimum qualifications set out in the Constitution," Yoo said. "[S]ince citizenship is set out in the text of the Constitution as a qualification, it clearly can be enforced by Congress. Powell in-fact would support a congressional decision to oust Congresswoman Omar if she was in fact not a citizen."

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TOPICS: Business/Economy; Conspiracy; Health/Medicine; History
KEYWORDS: experts; historic; legal; omar; unchartered

[Libloather]

Took the experts only a week and a half. She's the one who married her gay brother.

[Liz]

Former Deputy Assistant Attorney General John Yoo and constitutional scholar Cully Stimson: "The USSC 'Powell' ruling does not prevent Congress from enforcing constitutional qualifications. Powell essentially means that Congress cannot ADD ON to the minimum qualifications set out in the Constitution."

"Since citizenship IS set out in the text of the Constitution as a qualification, it clearly can be enforced by Congress. Powell in-fact would SUPPORT a congressional decision to oust Congresswoman Omar if she was, in fact, not a US citizen."

[PGalt]

One arrogant, confident POS MoFo gets to have the Supreme Court decide? She’s got no human grace. Eyes without a face. Mouth without a voice. Head without a brain. Body without a soul. Judicial jihad. She’s on a mission from the Muslim Manifesto.

[Miami Rebel]

She’ll be gone next session and her district will replace her with another socialist. And Speaker Jeffries will be happy to be rid of her.

[Vaduz]

Her district will replace her with another socialist.

Agree the democrats are running Latino illegals Somali have been filling the gap for some time.

[I-ambush]

Marrying one’s brother to gain him access to citizenship is obviously fraud, but even if he wasn’t her brother, wouldn’t marrying a gay man for the same purpose also constitute fraud?

[Nateman]

In over 250 years the Article V Convention Of States clause has never been used. It got as close as only needing one state more but failed, yet again

Jefferson thought using this clause would be routine. One of the rare cases where he got something wrong. What happened?

Marbury v. Madison , 1803 is what happened. As a result of that case the Supreme Court became the Court of Supreme Whim. It was born with that case because the court bestowed upon itself the power of deciding the final word for if the Constitution was violated.

Why go to the great trouble of getting all those State Legislatures to settle controversial issues when some unelected black robed lawyers would handle these hot potatoes? Since they have their position for life you are stuck with their verdict until some judge dies or quits! It's settled law!

This even led to a Civil War at one point because of a terrible decision. That was not enough to get any politicians to fix it though.

[brownsfan]

She’s in the club. It’s the same as being a made man in the mafia. There will be no hits on someone in the club unless it benefits the club.

[Jim Noble]

This is all mental masturbation.

She is going to be re-elected on Tuesday and a motion not to seat her in the new House will not get 20 votes.

[Mark17]

Indeed she is.

[Mark17]

Unfortunately, I think you are right. 👎

[Texas Eagle]

What name did she use when she filled out the marriage license for her current husband? Or on her divorce papers from her brother? Seems like answering one question only leads to more questions.

[bert]

Omar is not a citizen, and court precedents do not apply.

She can’t be in Congress if she obtained an invalid citizenship by fraud

[Fury]

Well put.

[Fireone]

“no finding that she lacks U.S. citizenship has been established.”
Trying to prove a negative?
They all lack U.S. citizenship, unless they have proof in the positive! This is ridiculous!

[PGalt]

Thanks for posting. America’s robed mullahs are above the law.

[bigbob]

A less-arrogant, less-grifty, less-snotty, less-criminal socialist will be an upgrade.

[bobbo666]

Also, it looks like she lied on her application about her age. Yuo can only get in under your parents’ application if you are a child. If too old, nope.
She lied on her application.

[Bon of Babble]

How many times did the arrogant, egotistical Omar tell us that "no one is above the law?" -- most notably in March 2023 to defend the indictment of Donald Trump and in 2019 to support impeachment efforts.

Apparently she thought she was above American law - most likely she thought no one would either check, or question her. She can always pull the race card, which she's done.

No sympathy from me.

Mogadishu calling for Omar:

[convoter2016]

I predict Ilhan Omar is potentially in more legal trouble than Mary Peltola. The media has repeatedly said that what the Democrat operatives in Alaska did was a deception but legal under current laws. Republicans should keep the pressure just to increase turnout for the incumbent Republican senator from Alaska.
Ilhan Omar’s ex-husband coming out as gay doesn’t help Ilhan Omar. It’s interesting that he did that before the midterms but her district is so blue that any democrat would beat any republican in that district so it doesn’t matter for that district.
Harvey Levin on TMZ Live said that a straight person marrying a gay person has been done before. Harvey seems to echo a possible legal defense by Omar about her previous marriage. However if DNA tests prove that Ilhan Omar married her brother, then Ilhan Omar is in legal trouble because a sister marrying her brother isn’t legal in the 50 states.