Rep. Greene appeals ruling allowing eligibility challenge

April 20, 2022 GMT
FILE - Rep. Marjorie Taylor Greene speaks during a rally, Saturday, March 5, 2022, in Rome, Ga. A group of Georgia voters is challenging  Greene’s eligibility to run for reelection, saying she helped facilitate the riot that disrupted Congress from certifying Joe Biden’s presidential election victory. The challenge filed Thursday, March 24,  with the Georgia secretary of state’s office says it’s being brought by a group of registered voters in Greene’s congressional district.  (AP Photo/Mike Stewart, File)
FILE - Rep. Marjorie Taylor Greene speaks during a rally, Saturday, March 5, 2022, in Rome, Ga. A group of Georgia voters is challenging  Greene’s eligibility to run for reelection, saying she helped facilitate the riot that disrupted Congress from certifying Joe Biden’s presidential election victory. The challenge filed Thursday, March 24,  with the Georgia secretary of state’s office says it’s being brought by a group of registered voters in Greene’s congressional district.  (AP Photo/Mike Stewart, File)
FILE - Rep. Marjorie Taylor Greene speaks during a rally, Saturday, March 5, 2022, in Rome, Ga. A group of Georgia voters is challenging  Greene’s eligibility to run for reelection, saying she helped facilitate the riot that disrupted Congress from certifying Joe Biden’s presidential election victory. The challenge filed Thursday, March 24,  with the Georgia secretary of state’s office says it’s being brought by a group of registered voters in Greene’s congressional district.  (AP Photo/Mike Stewart, File)
FILE - Rep. Marjorie Taylor Greene speaks during a rally, Saturday, March 5, 2022, in Rome, Ga. A group of Georgia voters is challenging Greene’s eligibility to run for reelection, saying she helped facilitate the riot that disrupted Congress from certifying Joe Biden’s presidential election victory. The challenge filed Thursday, March 24, with the Georgia secretary of state’s office says it’s being brought by a group of registered voters in Greene’s congressional district. (AP Photo/Mike Stewart, File)
FILE - Rep. Marjorie Taylor Greene speaks during a rally, Saturday, March 5, 2022, in Rome, Ga. A group of Georgia voters is challenging Greene’s eligibility to run for reelection, saying she helped facilitate the riot that disrupted Congress from certifying Joe Biden’s presidential election victory. The challenge filed Thursday, March 24, with the Georgia secretary of state’s office says it’s being brought by a group of registered voters in Greene’s congressional district. (AP Photo/Mike Stewart, File)

ATLANTA (AP) — U.S. Rep. Marjorie Taylor Greene is appealing a federal judge’s ruling allowing a challenge to her eligibility to run for reelection to proceed.

A group of voters last month filed the challenge with the secretary of state’s office alleging that Greene helped facilitate the Jan. 6, 2021, attack on the U.S. Capitol that disrupted Congress’ certification of Joe Biden’s presidential election victory. They say that violates a part of the 14th Amendment and makes her ineligible to run for reelection.

Greene says the law that the voters are using to challenge her eligibility is unconstitutional, and she filed a lawsuit asking a federal judge to prohibit state officials from enforcing it. U.S. District Judge Amy Totenberg on Monday ruled that the challenge can proceed. Greene on Tuesday filed an appeal with the 11th U.S. Circuit Court of Appeals.

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The provision of the 14th Amendment cited in the challenge says no one can serve in Congress “who, having previously taken an oath, as a member of Congress ... to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same.” Ratified shortly after the Civil War, it was meant in part to keep representatives who had fought for the Confederacy from returning to Congress.

Greene has denied aiding or engaging in an insurrection.

The challenge, which was filed on behalf of the voters by a group called Free Speech for People, is set for a hearing before an administrative law judge Friday. The administrative law judge must then present his findings to the secretary of state, who then must determine whether Greene is eligible to appear on the ballot.

Georgia’s primary election is set for May 24.