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Wednesday, May 18, 2022

The Pending Section Three Challenges

Representative Madison Cawthorn lost his primary yesterday. We will see what the Fourth Circuit does with the pending appeal in his Section Three case. The most likely outcome is a vacatur of the District Court opinion with instructions to dismiss the case as moot, but at least one judge may wish to discuss the merits.

While there may be additional challenges filed this year, here is the status of the pending cases:

  1. Marjorie Taylor-Greene. An appeal was filed in Georgia Superior Court in the state action. There is also an appeal docketed in the Eleventh Circuit in her federal action. The Georgia primary is on Tuesday.
  2. There is a federal case in Wisconsin challenging the eligibility of Senator Johnson and two GOP members of Congress. As far as I can tell, nothing much has happened in that case so far.
  3. Couy Griffin. Commissioner Griffin is seeking to remove this state quo warranto action to federal court. He has also filed a federal action, much like Cawthorn's, to enjoin the state proceeding.

UPDATE: There is also a new Section Three challenge to Dan Cox, a state legislator in Maryland who is running for Governor. I will try to learn more about that lawsuit.

Posted by Gerard Magliocca on May 18, 2022 at 08:12 AM | Permalink


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