The GOP isn’t letting 1 Democrat off the hook.
A Republican congressman is preparing for an unusual confrontation on Capitol Hill after a Democratic congressional nominee came under renewed scrutiny over a past comment involving the American flag.
Rep. Tim Burchett, R-Tenn., says he plans to challenge the seating of New York Democratic nominee Darializa Avila Chevalier if she wins the Nov. 3 general election.
The dispute centers on a years-old social media post in which Chevalier said she had used an American flag as a napkin after forgetting to get one.
Chevalier later expressed regret over the remark.
Burchett told the New York Post that he intends to raise the issue when the next Congress convenes in January, setting up what could become a closely watched dispute over congressional authority, political speech and respect for national symbols.
Burchett Says The Issue Is Deeply Personal
For Burchett, the controversy is tied directly to his family’s military history.
His father served as a Marine during World War II, while another family member served aboard a Navy destroyer.
Burchett has also spoken about his maternal uncle, Roy Hicks, who was wounded while fighting German forces near Normandy shortly after D-Day.
The congressman still keeps Hicks’ Purple Heart and the 48-star American flag that covered his uncle’s coffin.
Burchett said that family history makes Chevalier’s old comment especially troubling to him.
“You take an oath to uphold the Constitution, and you’re pretty much disavowing it right there,” Burchett said, according to the Post. “I just think we’ve lost our compass.”
Burchett argued that the flag represents generations of Americans from both parties who served in the military and sacrificed for the country.
He also questioned whether Democratic lawmakers would be willing to criticize one of their own over remarks many Americans could view as disrespectful.
The 2019 Post Behind The Controversy
The dispute stems from a 2019 social media post that has since been deleted.
In the post, Chevalier wrote that she had forgotten to get napkins and wiped her hand on an American flag behind her.
The comment resurfaced during her congressional campaign and quickly became a point of criticism from political opponents.
Chevalier later said she regretted the remark.
She went on to defeat longtime Democratic Rep. Adriano Espaillat in the primary for New York’s 13th Congressional District, which includes portions of northern Manhattan and the western Bronx.
She is scheduled to face Republican Jomo M. Williams in the general election.
Progressive Record Draws Additional Attention
Chevalier has also attracted attention because of her involvement in progressive political activism.
Reports have connected her to the 2024 Columbia University campus protests and to an anti-Israel organization that previously used highly controversial rhetoric about Western society.
She was also reported to have attended a pro-Palestinian demonstration shortly after the Oct. 7, 2023, Hamas attack on Israel.
During the 2020 presidential campaign, Chevalier posted strongly worded criticism of both the United States and then-candidate Joe Biden.
Those episodes have made her campaign a focal point for Republicans who argue that the Democratic Party’s progressive wing has moved too far to the left.
Chevalier’s campaign did not respond to the Post’s request for comment regarding Burchett’s latest remarks.
Can Congress Refuse To Seat An Elected Member?
Burchett’s proposal would likely face major legal and constitutional obstacles.
The U.S. Constitution gives each chamber of Congress authority to judge the “elections, returns and qualifications” of its own members.
However, the Supreme Court has previously ruled that the House cannot simply create additional qualifications beyond those established by the Constitution.
That issue was tested in the case involving Democratic Rep. Adam Clayton Powell Jr. of New York.
The House refused to seat Powell in 1967, but the Supreme Court ruled in 1969 that Congress had exceeded its authority because Powell had been duly elected and met the constitutional requirements for serving in the House.
Those requirements include being at least 25 years old, having been a U.S. citizen for at least seven years and being an inhabitant of the state represented at the time of election.
Unless questions arise about Chevalier’s election or constitutional eligibility, Burchett’s effort would therefore face an uphill legal battle.
Political Experts Warn Of A Potential Fight
A battle over seating a newly elected member could also consume valuable congressional time.
Jeffery Jenkins, a political scientist at the University of Southern California Price School of Public Policy, noted that more than 600 congressional elections have been contested throughout American history.
However, disputes of that kind have rarely played a major role in modern congressional politics.
Jenkins suggested that today’s highly polarized environment could nevertheless revive political tactics that were more common generations ago.
A contested seating vote could become one of the first major partisan fights of the new Congress.
Burchett Says He Will Move Forward Either Way
Burchett says his plan does not depend on Republicans retaining control of the House.
He indicated that he intends to challenge Chevalier’s seating even if Democrats win the majority.
The Tennessee Republican has also argued that Democratic leaders should redirect their attention toward working-class voters and reconsider the influence of the party’s most progressive faction.
His position provides an early glimpse of the political battles that could unfold after the midterm elections.
If Democrats make gains while additional progressive lawmakers enter Congress, disputes involving patriotism, Israel, immigration, government spending and cultural issues could become major flashpoints.
Some Republicans Question The Strategy
Burchett’s proposal does not have unanimous support among Republicans.
John Feehery, a Republican strategist and former senior House leadership aide, cautioned against using congressional seating votes to punish lawmakers for political speech.
“If we refused to seat folks in Congress who said things that we strongly disagreed with, nobody in the House would be seated,” Feehery told the Post.
His argument highlights the central question surrounding Burchett’s plan.
For Burchett and his supporters, Chevalier’s flag remark represents disrespect toward a national symbol associated with generations of American service members.
Opponents of the strategy argue that controversial speech alone should not allow Congress to overturn the choice of voters when a candidate meets every constitutional requirement for office.
A Showdown Could Come In January
If Chevalier wins the Nov. 3 election, the controversy is unlikely to disappear.
The next Congress is scheduled to begin on Jan. 3, 2027, and Burchett has made clear that he wants the issue raised before Chevalier formally takes her place in the House.
Whether his effort attracts enough support to advance remains uncertain.
But the dispute has already transformed an old social media post into a larger debate over patriotism, free political expression and how much power Congress should have over duly elected members.
For voters watching Washington after the midterms, it could become one of the first significant political fights of the new Congress.
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