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Judge determines that the challenge against Rep. Marjorie Taylor Greene’s re-election attempt can go on

The lawsuit aims to prohibit the Georgia Republican from running for president, saying that she was involved in the Capitol attack on Jan. 6.

Rep. Marjorie Taylor Greene

WASHINGTON, D.C. — A federal court in Georgia has granted permission to proceed with a lawsuit challenging Rep. Marjorie Taylor Greene’s eligibility to compete for re-election.

The Georgia Republican’s plea for a temporary restraining order and preliminary injunction to stop the lawsuit was refused by U.S. District Judge Amy Totenberg on Monday. Last month, Free Speech for People, an election and campaign finance reform group, filed the complaint on behalf of a number of state voters, saying that Greene aided the attack on the Capitol on Jan. 6.

The suit claims Greene is ineligible to run for federal or state office because she obstructed the transfer of presidential power, in part through her rhetoric challenging the election results, citing the 14th Amendment’s prohibition on anyone who “engaged in insurrection or rebellion” from running for federal or state office.

Greene filed her own complaint last month, claiming that she “vigorously rejects” “assisting and engaging in insurgency to block the peaceful transition of presidential authority.”

Greene further claimed that the case would not be settled in time for the May 24 primary election.

“After a thorough analysis of the evidentiary and legal issues presented in this complex matter involving unsettled questions of law, the court finds plaintiff has not carried her heavy burden to establish a strong likelihood of success on the legal merits in this case,” wrote Totenberg, who was appointed by former President Barack Obama.

Greene’s case will be heard by a state administrative court on Friday as a result of the verdict.

Greene’s office and lawyer did not respond to calls for comment on Tuesday.

“It’s uncommon for any conspirator, let alone a member of Congress, to publicly confess that the aims of their acts are to prevent a peaceful transition of power and the death of the president-elect and Speaker of the House,” Ron Fein, the legal director of Free Speech For People, said in a statement. “Any elected official who assisted the insurgency is disqualified from public office under the Constitution, and we look forward to questioning Representative Greene about her role under oath.”

A federal court in North Carolina denied a similar case filed on behalf of voters against Rep. Madison Cawthorn, R-N.C., last month.