THE SECTION 3 CHALLENGES DO NOT BELONG IN STATE COURTS OR BEFORE STATE ELECTION BOARDS: THEY BELONG IN FEDERAL COURTS
Forbes believes that it’s Raffensperger’s call. For now, that is the case, but ultimately this will end up in SCOTUS. Why?
Georgia judge allows suit challenging Marjorie Taylor Greene’s reelection bid to proceedA group of five voters mounted a challenge to Greene’s candidacy, arguing she is ineligible to run for federal office under a provision of the 14th Amendment. https://tinyurl.com/y4nvq7bo
Because a state court or a state official like Raffensperger cannot, at the end of the day, decide issues of federal law, and this case is ultimately about whether a federal law has been violated.
Note that Marjorie Taylor Greene initially tried to get the lawsuit stopped in *federal* court. But that judge (Amy Totenberg) found that Greene had failed to establish a strong likelihood of success on the legal merits of the case. This shifted the case to a Georgia state administrative law court.
By attempting to get a federal court to intervene, Greene’s lawyers seem to me to have acknowledged (indirectly) that ultimately this matter is one for the federal courts, not state courts, which is undoubtedly the case.
Thread by @twoodiac on Thread Reader App@twoodiac: Here’s an interesting question: Let us suppose that the judge rules that MJT perjured herself; failed to give truthful testimony under oath by abusing the ‘I don’t recall’ response; and tha…https://tinyurl.com/y6zukc53
On the merits (and on a number of different points), Greene lost in court today. But if the judge and ultimately Raffensperger decide in her favor, I expect that Ron Fein (the challengers’ attorney) will immediately appeal to a higher Georgia state court, and if necessary keep appealing from there.
If eventually he doesn’t get a favorable ruling from the Supreme Court of Georgia, he will appeal to SCOTUS, which is the final and only court with jurisdiction to decide this explosive issue.
And all this will be expedited.
Hold on to your hats, peeps.