Effort to Remove Marjorie Taylor Greene From Ballot Can Proceed, Judge Says

In her request for an injunction, Ms. Greene argued that it would be impossible to fully resolve the case before Georgia holds its primary elections on May 24. Absentee ballots will start to be mailed on April 25, Ms. Greene’s motion said.

In the ruling, Judge Totenberg determined that Ms. Greene had failed to prove that there was a strong likelihood that she would prevail on the merits of her legal claims. A state administrative judge is scheduled to hear the case on Friday.

The decision by Judge Totenberg stood in stark contrast with a recent ruling in a similar case involving Representative Madison Cawthorn in North Carolina. In blocking that disqualification effort, U.S. District Judge Richard E. Myers II, an appointee of Mr. Trump, ruled that the 14th Amendment of the Constitution narrowly applied to members of the Confederacy after the Civil War.

Ms. Greene’s critics have said that she frequently referred to efforts to challenge the 2020 presidential election results as “our 1776 moment” in public comments that led up to the riot at the Capitol. They contend that the phrase was a code used to incite violence, and point to the third section of the 14th Amendment in their argument to drop her from the ballot.

That section says that “no person shall” be a member of Congress or hold civil office if they had engaged in insurrection or rebellion after “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.”

The constitutional challenge to Ms. Greene’s candidacy, filed last month with Georgia’s secretary of state, argued that Ms. Greene had helped to plan the attack on the Capitol or knew that a demonstration organized by Mr. Trump and his supporters on the National Mall would escalate into violence.

The group pursuing the case is represented by Free Speech for People, a nonpartisan, nonprofit legal advocacy organization with constitutional law expertise, which was also involved in the case involving Mr. Cawthorn.