Apr 19, 2022 - Politics & Policy

Challenge to Marjorie Taylor Greene's candidacy can go ahead, judge rules

 Rep. Marjorie Taylor Greene at the Capitol on March 01, 2022 in Washington, DC.

Rep. Marjorie Taylor Greene at the U.S. Capitol in March. Photo: J. Scott Applewhite-Pool/Getty Images

A group of Georgia voters can proceed with their case against Rep. Marjorie Taylor Greene (R-Ga.) that seeks to disqualify her from congressional office over her alleged involvement in the U.S. Capitol riot, a judge ruled Monday.

Why it matters: Trump loyalist Greene, who denies any wrongdoing, was seeking a temporary injunction against the lawsuit, arguing that the case was not likely to be resolved before Georgia's primary elections in May, per Reuters.

  • The ruling means a hearing in the case, brought by liberal groups represented by Free Speech for People, will go ahead as scheduled on Friday morning before a Georgia state judge.
  • Similar constitutional challenges pending against other Republican officials rely on a 14th Amendment provision, known as the "Insurrectionist Disqualification Clause," that was adopted after the Civil War to prevent members of the Confederacy from holding office.

Driving the news: The President Obama-appointed U.S. District Court Judge Amy Totenberg, of the Northern District of Georgia, wrote in her order that the "case involves a whirlpool of colliding constitutional interests of public import."

  • "The novelty of the factual and historical posture of this case — especially when assessed in the context of a preliminary injunction motion reviewed on a fast track — has made resolution of the complex legal issues at stake here particularly demanding," she added.

Worth noting: A similar case brought in North Carolina against Rep. Madison Cawthorn (R-N.C.) over the Jan. 6, 2021, insurrection was blocked by the Trump-appointed U.S. District Judge Richard Myers, per CNN.

What they're saying: James Bopp, a lawyer for Greene, told the New York Times the ruling was "flawed" and "fundamentally anti-democratic" and that Greene had "publicly and vigorously condemned the attack on the Capitol."

Read the ruling in full, via DocumentCloud:

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