11/16/2009 05:12 am ET Updated May 25, 2011

Three-Judge Panel Hears Challenge To Hillary Clinton's Eligibility To Serve As Secretary of State

A three-judge panel is hearing a case Wednesday morning that challenges Hillary Clinton's "constitutional eligibility" to serve as the government's Secretary of State. The hearing comes as a result of a lawsuit filed by conservative watchdog group Judicial Watch on behalf of Foreign Service Officer and State Department employee David Rodearmel.

Judicial Watch stipulates that Secretary of State Clinton is ineligible to serve her current public role under Article I, section 6 of the United States constitution:

No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States which shall have been created, or the Emoluments whereof shall have been increased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.

In a press release, Judicial Watch President Tom Fitton explains: "The 'emoluments' or salary of the U.S. Secretary of State increased at least three times during Mrs. Clinton's most recent U.S. Senate term. That term, which began on January 4, 2007, does not expire until January 2013, regardless of Mrs. Clinton's resignation. "

Judicial Watch filed numerous unsuccessful lawsuits against the Clintons during the Clinton administration.

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