Bid To Disqualify Greene as an Insurrectionist Advances in Court

Free Speech for People, the group spearheading the effort against Greene, has also targeted Representatives Biggs, Cawthorn, and Gosar under the 14th Amendment’s ‘Disqualification Clause.’ 

AP/Mike Stewart, file
Representative Marjorie Taylor Greene on March 5, 2022. AP/Mike Stewart, file

In a victory for groups eager to block from this year’s midterm ballots Republicans tied to the events of January 6, 2021, Representative Marjorie Taylor Greene will have to plead her case against disqualification in front of an administrative judge just weeks before her primary election.

That was the outcome of a ruling by a federal district court judge, Amy Totenberg, that rejected the Georgia Republican’s request for injunctive relief and held that the constitutional challenge against Ms. Greene could proceed. 

That challenge, which seeks to bar Ms. Greene as an “insurrectionist” under the 14th Amendment’s Disqualification Clause, has emerged as a well-used litigation tool ahead of November’s midterm elections. 

As the Sun has reported, Free Speech for People, the group spearheading the effort against Ms. Greene, has also targeted Representatives Biggs, Cawthorn, and Gosar, in addition to a candidate for secretary of state in Arizona, Mark Finchem. 

In dealing this defeat to Ms. Greene, Judge Totenberg cast doubt on the ruling of another judge, Richard Myers II, who had ruled in Mr. Cawthorn’s favor. Judge Myers found that the 1872 Amnesty Act shielded the Tar Heel State Republican from disqualification. 

As CNN reports, Judge Totenberg indicated in oral arguments that she feels differently. The jurist opined: “I don’t think that the Amnesty Act likely was prospective.” If that is indeed her final position, then the Amnesty Act would protect only long-dead Confederates, not those under the cloud of disqualification, including Ms. Greene. 

With Judge Totenberg’s ruling expected on Monday, Ms. Greene would be wise to clear her calendar on Wednesday. That is when, with Judge Totenberg’s green light, she will likely have to persuade the Georgia judge on whom her political future now depends. 


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