Rep. Gabrielle Giffords (D-Ariz.) continues to recover at a "miraculous" pace from the assassination attempt that nearly claimed her life earlier this month. But, even as she amazes her doctors, some fear the congresswoman could be subject to a state law that calls for any public official unable to "discharge the duties of office for the period of three consecutive months" to lose his or her position, and a special election be called. Could Giffords end up losing her seat in the House? (Watch the first interview with Giffords' husband)
Not under this law, no: The legal precedent here is clear: Only the Constitution dictates qualifications for members of Congress, says constitutional lawyer Paul Bender, as quoted in The Washington Post. "The state has no right to say when the office becomes vacant."
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