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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsMarjorie Taylor Greene Loses Bid To Block Reelection Challenge Over U.S. Capitol Riot
https://www.huffpost.com/entry/marjorie-taylor-greene-madison-cawthorn-constitution-insurrection-free-speech-for-people_n_625e275ce4b0723f801c40d1In a major blow, Rep. Marjorie Taylor Greene (R-Ga.) lost a bid Monday to block a constitutional challenge to her reelection over her support for last years U.S. Capitol riot.
U.S. District Judge Amy Totenberg of the Northern District of Georgia denied Greenes request for a preliminary injunction and temporary restraining order in the dramatic legal battle.
That means a group of Georgia voters and the nonpartisan voters rights organization Free Speech for People can presents their arguments in court that Greene should not be allowed to run for reelection because of the so-called insurrection disqualification clause of the 14th Amendment.
Section 3 of the 14th Amendment bars lawmakers who, after previously taking an oath to support the Constitution, then engaged in insurrection or rebellion against the same or gave aid or comfort to the enemies. The section was added after the Civil War to prohibit lawmakers from representing a government they had wanted to toppled.
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Could this be an angle taken against other Republicans that supported the insurrection?
niyad
(113,573 posts)CurtEastPoint
(18,664 posts)niyad
(113,573 posts)CurtEastPoint
(18,664 posts)niyad
(113,573 posts)AllaN01Bear
(18,422 posts)Effete Snob
(8,387 posts)Yes, these sorts of challenges are being pursued in relation to others. If you read the article you posted, it says:
The reelections of Rep. Paul Gosar (R-Ariz.), Rep. Andy Biggs (R-Ariz.) and Mark Finchem, a Republican running for Arizona secretary of state, are also being challenged in court on the same constitutional grounds linked to support for the insurrection of Trump supporters.
I wouldn't get too excited over this particular decision, since the actual legal context is missing from that article.
There is a group pursuing a challenge to Greene's candidacy at the state level.
This suit, on the other hand, is an attempt by Greene to short-circuit the state proceeding with a federal ruling that would pre-empt a negative outcome of the state proceeding.
In so many words, the court said that there was no imminent harm to Greene by letting the state proceeding continue, and thus no reason to issue an injunction if the state proceeding has not even reached a ruling yet.
So, she hasn't really "won" or "lost" much yet at this stage, and the underlying state case continues.
The court was basically saying, in so many words and along with a few other considerations, that it's just not a ripe controversy for a federal court to rule on, without there having been a state determination against her.
Full decision here:
https://storage.courtlistener.com/recap/gov.uscourts.gand.301694/gov.uscourts.gand.301694.52.0.pdf
imanamerican63
(13,815 posts)when you remove one nut from the group, another one just as bad or worse than the nut youre trying to remove? I hope she will be barred from being on the ballot, but never think twice who might be her replacement! Or any GOBer candidate out there? Its happening here in Nebraska! Everyone couldnt wait for Ricketts to leave, but the two top candidates are horribly wrong for Nebraska. One attacks the other one for being too trumpian yet they both are vying for Trumps endorsement! So, we are removing one nut with another!
Emile
(22,925 posts)dchill
(38,538 posts)Well, usually it is.
But not right now.
BlueWavePsych
(2,640 posts)gratuitous
(82,849 posts)But it's suitably delicious to have Rep. Greene have to answer for her antics for a change. Might even hurt her focus on her campaign, and that would be too, too bad.
Hekate
(90,817 posts)maxsolomon
(33,400 posts)I think this is probably a wild goose chase, but I applaud it being pursued. She needs to be harassed publicly over her actions every day until the midterm election.
TeamProg
(6,244 posts)Hekate
(90,817 posts)Please let this be a 50-state strategy, because this poison is everywhere.
Hassler
(3,390 posts)Emile
(22,925 posts)BeckyDem
(8,361 posts)K&R