Document Type
Brief
Case Name
Marjorie Taylor Greene v. Secretary of State for the State of Georgia
Publication Date
5-12-2022
Abstract
No. 22-11299
Marjorie Taylor Greene v. Secretary of State for the State of Georgia
Appeal from the United States District Court for the Northern District of Georgia
No. 1:22-cv-01294-AT
From the Summary of Argument
Appellees present an issue that seeks something unprecedented: that this Court be the first federal appeals court in history to approve the State’s power to disqualify a congressional candidate. But States lack the power to exclude a congressional candidate from the ballot over a qualification that a candidate might ultimately meet when she presents her credentials to Congress. The district court’s decision should be reversed.
Recommended Citation
Francisco, Michael; Brody, Michael A.; and Muller, Derek T., "Brief of Professor Derek T. Muller as Amici Curiae in Support of No Party" (2022). Court Briefs. 91.
https://scholarship.law.nd.edu/sct_briefs/91
Included in
Constitutional Law Commons, Courts Commons, Election Law Commons
Comments
Derek T. Muller is the Bouma Fellow in Law and Professor of Law at University of Iowa College of Law. He teaches and writes about election law and federal courts, and he has an interest in the resolution of this case within the appropriate legal framework. Portions of this argument are drawn from his previous scholarship, including Weaponizing the Ballot, 48 FLA. ST. U. L. REV. 61 (2021); Ballot Speech, 58 ARIZ. L. REV. 693 (2016); and Scrutinizing Federal Electoral Qualifications, 90 IND. L.J. 559 (2015).
Table of Authorities includes:
Derek T. Muller, Ballot Speech, 58 ARIZ. L. REV. 693 (2016).
Derek T. Muller, Scrutinizing Federal Electoral Qualifications, 90 IND. L.J. 559 (2015).
Derek T. Muller, Weaponizing the Ballot, 48 FLA. ST. U. L. REV. 61 (2021).