Legal challenge seeking to remove Marjorie Taylor Greene from ballot can go ahead, judge rules
Published Date: 4/19/2022
Source: axios.com

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: