You can read the full opinion in Rowan v. Greene (Ga. Ofc. State Admin. Hearings); here's an excerpt:
Challengers allege that Rep. Greene "does not meet the federal constitutional requirements for a Member of the U.S. House of Representative1s and is therefore ineligible to be a candidate for such office." They assert that Rep. Greene "voluntarily aided and engaged in an insurrection to obstruct the peaceful transfer of presidential power, disqualifying her from serving as a Member of Congress under Section 3 of the 14th Amendment …." … This section of the 14th Amendment provides:
No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, 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, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability….
To prove that the Disqualification Clause bars Rep. Greene's candidacy, Challengers must show that:
- after Greene took an oath to defend the Constitution
- she engaged
- in insurrection against the Constitution.
The parties have stipulated that the first time Rep. Greene took an oath to defend the Constitution was January 3, 2021, when she was sworn in as a member of Congress. Therefore, only conduct by Rep. Greene occurring after taking that oath on January 3, 2021, is relevant in determining whether the Disqualification Clause applies. Similarly, statements made by Rep. Greene and actions taken by her prior to her taking of the oath on January 3, 2021, are only relevant, and can only be considered, to the extent they explain her conduct occurring after the taking of the oath….
