By Jan Wolfe

WASHINGTON (Reuters] – The U.S.Appeals Court issued a ruling Tuesday that may help support efforts to remove members from Congress. It found that Congressmembers supported Jan. 6th, 2021 attack on Capitol. They also stated their support for that attack. A 150-year-old law is not sufficient protection against such threats.

A written decision was issued by the U.S. 4th U.S. Circuit Court of Appeals reopened a case claiming that Madison Cawthorn, U.S. Representative, was unfit to hold federal office.

Cawthorn will not likely be affected by the ruling as he has lost his Republican primary bid last week in North Carolina. However, it is expected that Cawthorn will cite this decision for future problems.

Voters claimed Cawthorn supported the attack on Capitol, which violated a clause in the U.S. Constitution called the “Insurrectionist Disqualification Clause.”

Cawthorn, one of two congressional members who spoke during the rally of then-President Donald Trump that preceded Capitol rioting. Cawthorn vigorously denies that his comments and actions can be considered “insurrection against the United States.”

After the U.S. Civil War of 19th century, the Insurrectionist Clause was passed. It prohibits politicians from seeking to run for Congress if they are involved in “insurrection, rebellion”, or have “given assistance or comfort” the enemy nation.

Free Speech For People represents North Carolina’s voters. This advocacy group brought an unsuccessful challenge to Republican U.S. Rep Marjorie Taylor Greene’s eligibility for office.

The administrative judge in that case ruled Greene unfit for office.

In March, a Federal Judge dismissed Cawthorn’s challenge. The Insurrectionist Clause had been effectively overruled by the law Congress passed 1872 which gave amnesty to Confederates that opposed the Union in Civil War.

That decision was reversed by the 4th Circuit, which concluded that 1872 did not apply to Civil War Confederates.