Radical Leftists Try to Use 14th Amendment to Bar MTG from Getting on Ballot as Judge Allows Process to Play Out

On Monday, Obama appointed U.S. District Court Judge Amy Totenberg ruled that a case brought against Congresswoman Marjorie Taylor Greene (R-GA) is allowed to proceed.

The case filed by Free Speech for People is seeking to disqualify Greene from congressional officer over her alleged involvement in the events of January 6th.

Greene had attempted to block their efforts with a preliminary injunction that was denied by Totenberg. A similar lawsuit was brought against Congressman Madison Cawthron (R-NC). However, that case was blocked by a Trump-appointed judge in North Carolina.

In her 73-page ruling, Totenberg cited that Green had failed, “to establish a substantial likelihood of success on the merits”. This was the focus of the ruling Totenberg seems to believe Greene is unlikely to succeed.

In the conclusion of the ruling Totenberg writes:

“This 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 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.

The Court has thus carefully evaluated governing legal precedent, the relevant historical record, the briefs and evidence submitted by the parties, and the adequacy and efficient speed of the State of Georgia’s statutory administrative procedures for addressing election qualification challenges.”

The suit brought against Greene cites the third article of the 14th amendment, called the Insurrectionist Disqualification Clause. The clause reads:

“No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.“

This was added to our constitution after the conclusion of the civil war. The last time this was used was in 1919 to refuse a Congressman Victor Berger (WI-Socialist) accused of having given aid to Germany during the First World War. Although the claim had prevented him from being seated originally he was seated at a subsequent Congress after the Supreme Court threw out his espionage conviction for judicial bias.

The case against Greene has been allowed to proceed and is set to start Friday, April 22nd. Free Speech for the People has also filed legal challenges against Congressmen Paul Gosar (R), Andy Biggs (R) as well as Arizona state representative Mark Finchem (R) who is seeking election as Arizona Secretary of State.

In our opinion this attempt may not succeed, but stunts like these seek to waste the time, energy and money of right wing candidates and to demoralize and disenfranchise the ”America First” wing of the GOP’s voter base.