Court ends Marjorie Taylor Greene’s legal fight over ‘insurrection’ clause

A federal appeals court on Thursday instructed a lower court to dismiss Rep. Marjorie Taylor Greene’s (R-Ga.) lawsuit over a challenge to her candidacy based on the “insurrection” clause of the 14th Amendment, ruling that the dispute was no longer relevant.

A group of voters in March challenged Greene’s eligibility to run for office under the clause, claiming that the congresswoman had engaged in “insurrection” in connection with the Jan. 6, 2021, attack on the Capitol. 

Greene sued Georgia Secretary of State Brad Raffensperger (R) over the challenge and asked the court to block the state’s consideration of it, arguing that the Georgia statute that allows for such challenges was unconstitutional. The district court denied Greene’s request, a decision she appealed.

A state administrative law judge ultimately rejected the voters’ challenge, finding that Greene did not engage in the attack on the Capitol and was eligible to appear on the ballot. Raffensperger affirmed the ruling, and the Fulton County Superior Court in turn affirmed his adoption of it. The Georgia Supreme Court declined to review the superior court’s decision.

Since the challenge was resolved while Greene’s appeal was pending, the appeals court said on Thursday that the issue was “moot.”

“Ultimately, Rep. Greene was not disqualified from being a candidate for Congress and is presently on the ballot for the upcoming election,” the court said. “Accordingly, we no longer have the ability to accord Rep. Greene meaningful relief.”

The court remanded the case to the district court with instructions to dismiss it.

With only days left before voters head to the polls, Greene is all but assured victory in her solidly red district in Georgia.