“Effort to Remove Marjorie Taylor Greene From Ballot Can Proceed, Judge Says”

NYT:

A federal judge cleared the way on Monday for a group of Georgia voters to move forward with legal efforts seeking to disqualify Representative Marjorie Taylor Greene from running for re-election to Congress, citing her role in the Jan. 6, 2021, attack on the Capitol.

The disqualification effort is based on a constitutional provision adopted after the Civil War that barred members of the Confederacy from holding office. It mirrors several other cases involving Republican members of Congress, whose roles leading up to and during the deadly riot have drawn intense criticism.

The judge, Amy Totenberg, who was appointed to the U.S. District Court for the Northern District of Georgia by President Barack Obama, denied Ms. Greene’s request for a preliminary injunction and temporary restraining order in the high-profile legal feud.

Ms. Greene, 47, who is known for her unflinching loyalty to former President Donald J. Trump and for her clashes with Democrats, has steadfastly denied that she aided and engaged in the attack on the Capitol.

n the 73-page ruling, Judge Totenberg wrote that Ms. Greene had failed to meet the “burden of persuasion” in her request for injunctive relief, which she called an extraordinary and drastic remedy.

“This case involves a whirlpool of colliding constitutional interests of public import,” Judge Totenberg wrote. “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.”

James Bopp Jr., a lawyer for Ms. Greene, said on Monday night that the ruling was flawed and minimized the adverse effect that the disqualification effort was having on Ms. Greene’s right to run for office.

“This is fundamentally antidemocratic,” Mr. Bopp said, maintaining that Ms. Greene had “publicly and vigorously condemned the attack on the Capitol.”

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