Rep. Tim Burchett (R-Tenn.) announced his intention to attempt to block the seating of Darializa Avila Chevalier, a Democratic nominee for Congress in New York, if she wins her election. Burchett stated he would employ an unusual parliamentary maneuver to prevent Chevalier, whom he described as a "socialist," from taking her oath of office.
Burchett told The Post he plans to make this move when the new Congress convenes in January, using a simple majority to challenge the seating of newly elected members before they are sworn in. "You take an oath to uphold the Constitution, and you're pretty much disavowing it right there. I just think we've lost our compass," Burchett said, referencing Chevalier's past comment about using the American flag as a napkin.
He cited the remark as an affront to his family's military service, noting his father was a World War II Marine and his uncle served on a Navy destroyer. Burchett also keeps a 48-star flag that hung on his maternal uncle's casket, who died fighting Nazis, in his Knoxville congressional office. "It's the same flag that men and women fought and died for to free the slaves, and that's what they're using as a napkin," Burchett stated.
This action, if pursued, could foreshadow intense partisan clashes at the beginning of a new Congress, especially if Democrats gain seats. Burchett indicated he would pursue this action regardless of whether Republicans retain control of the House. "I think the Democrat Party needs to . . . get some guts, and get their rudder back for the working people," he added.
Burchett's uncle, Roy Hicks, was wounded in Normandy shortly after D-Day. The congressman possesses his uncle's Purple Heart and displays the flag that covered Hicks' coffin in his office. The flag is a tangible reminder of the sacrifices made for the country.
Such a challenge, however, could potentially delay legislative proceedings. Dr. Jeffery Jenkins, a political scientist at the University of Southern California Price School of Public Policy, noted that while contested elections have occurred throughout U.S. history, they have not been significantly impactful since the early 20th century. "That said, the last decade or so has made me wonder if we're in a 'new normal' for what's possible," Jenkins commented.
Chevalier, who is running in New York's 13th Congressional District, previously deleted a 2019 social media post where she wrote, "I forgot to get napkins so I just wiped my hand on the American flag behind me." She later expressed regret for the comment. Her past controversies include participation in the 2024 campus takeover at Columbia University and involvement with an anti-Israel group. She also attended an anti-Israel rally the day after the Oct. 7 Hamas attacks and had previously made critical online posts about President Joe Biden.
Chevalier's campaign did not respond to requests for comment. The Constitution states that "Each House shall be the judge of the elections, returns and qualifications of its own Members." Historically, challenges to seating members have occurred, such as the case of Rep. Adam Clayton Powell (D-NY) in 1967, though the Supreme Court later ruled the House had exceeded its authority in that instance. Political operatives suggest that without clear election irregularities or issues with constitutional qualifications, Burchett's effort faces an uphill battle, as refusing to seat members based on their statements could lead to widespread non-seating. Burchett has also notably referred to Rep. Alexandria Ocasio-Cortez (D-NY) as a "friendly neighborhood Marxist."