A federal judge has indicated that an attempt to stop the dissident Republican congresswoman Marjorie Taylor Greene running for re-election will be allowed to proceed.
The challenge from a group of Georgia voters says Greene should be disqualified under the 14th amendment to the US constitution, because she supported insurrectionists who attacked the US Capitol on 6th January 2021.
A similar challenge in North Carolina, against Madison Cawthorn, another prominent supporter of Donald Trump, was blocked.
But on Friday Amy Totenberg, a federal judge in Georgia, said she had “significant questions and concerns” about the ruling in the Cawthorn case, CNN reported.
Totenberg said she was likely to rule on Greene’s attempt to have her case dismissed on Monday, two days before a scheduled hearing before a state judge.
The 14th amendment was passed by Congress in 1866, a year after the end of the civil war, and ratified in 1868.
It says: “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… 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.”
Congress can reverse any such prohibition.
In March, the challenge to Cawthorn was shut down by a Trump-appointed judge with reference to a civil war amnesty law passed by Congress in 1872.
According to CNN, Totenberg said she thought that law was retroactive and not meant to apply to future insurrectionists.
A bipartisan Senate committee connected seven deaths to the Capitol riot, in which Trump supporters sought to stop certification of Joe Biden’s election victory.
Greene has been widely linked to events on January 6th.
In one example, an organiser of pro-Trump events in Washington that day told Rolling Stone Greene was among a group of far-right Republicans who coordinated with protesters.
“I remember Marjorie Taylor Greene specifically,” the anonymous source said. “I remember talking to probably close to a dozen other members at one point or another or their staffs.”
A spokesperson for Greene said she and her staff “were focused on the congressional election objection on the House floor and had nothing to do with planning of any protest.