Could Gabrielle Giffords lose her House seat?

An adviser to Arizona governor Jan Brewer has said it is &quot;unimaginable&quot; that the law in question would be invoked in Giffords&#039; case.

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last updated 8 January 2015

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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And who would be foolish enough to evict her? Even taking into consideration the "inevitable court challenge" that would follow any attempt to unseat Giffords, says Jazz Shaw at Hot Air, can you imagine anyone actually doing it? Only someone looking to commit political suicide would try to evict "one of the most closely watched, sympathetic figures in the nation" as she bravely recovers from an "attack by a madman." Giffords will stay in her seat.

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