Lawyers at Kellogg, Hansen, Todd, Figel & Frederick asked a federal judge to toss out the Federal Trade Commission’s amended antitrust complaint against Facebook, in part because Chair Lina Khan cast the deciding vote to continue the lawsuit.

Facebook’s lawyers criticized Khan, who has authored academic articles and investigative reports accusing the company of antitrust violations, for not recusing from the vote and for not considering the company’s recusal petition on the merits.