01/11/2009 05:12 am ET | Updated May 25, 2011

Right-Wing Group Preparing Constitutional Challenge To Clinton

A conservative watchdog group is considering litigation to prevent Hillary Clinton from becoming the next Secretary of State, saying Congress' action Wednesday to clear a legal hurdle for her nomination runs counter to the Constitution.

Judicial Watch says that Clinton is ineligible to serve as Secretary of State because the Constitution prohibits members of Congress from being appointed to an office that saw a pay increase during their time in office. In January 2008, President Bush signed an executive boosting Cabinet secretaries' pay to $191,300.

But on Wednesday night, both houses of Congress approved a resolution reducing the salary to the January 2007 level of $186,600.


But Tom Fitton, president of Judicial Watch, said Thursday that Congress' action has never been tested in court, and he says his group is considering litigation in U.S. District Court for the District of Columbia to challenge her appointment.

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