« Return of the Junior Faculty Federal Courts Workshop | Main | Hiring at My Law School »

Thursday, August 11, 2022

Section Three Update

Today the 11th Circuit heard argument in Representative Taylor-Greene's federal suit to enjoin the state eligibility proceeding against her candidacy. The majority of the panel seemed disinclined to reach the merits unless the Georgia Supreme Court rules that Greene is, in fact, ineligible. (The state ALJ's determination that Greene is not disqualified by Section Three was upheld last month by a state Superior Court, and an appeal is now pending in the GA Supreme Court.) On the merits, the panel focused entirely on whether the Qualifications Clause (Article One, Section Five) bars a state eligibility inquiry into a congressional candidate. There was an entertaining hypothetical about what would happen if Vladimir Putin decided to run for Congress in Georgia, but aside from that I'm not sure the discussion of the merits added much to what's been said on that before.

I'll have more to say about Section Three next week. Things are ramping up again.

NOTE: I was a witness for the plaintiffs in the Taylor-Greene state hearing.

Posted by Gerard Magliocca on August 11, 2022 at 08:38 PM | Permalink


The comments to this entry are closed.