Friday The Thirteenth, Two Days Late

Worst-Case Scenario

In The New Republic, retired Federal Judge Michael Luttig clearly illustrates the possibility of "Moses" Johnson & House Republicans not seating elected Democrats come January.

Judicial review of the House’s decision not to seat Democratic representatives-elect in the 120th Congress would take weeks, if not months, during which time the United States would be in the throes of a paralyzing constitutional crisis, helplessly vulnerable to all the world’s evil, as it would have been in January 2021 had Mike Pence not thwarted Donald Trump’s plan to overturn the 2020 presidential election.

It is not difficult to imagine the many possibilities, some of the most critical being entirely realistic. It would be the ideal moment for China to move against Taiwan, by way of military blockade, attack, or even invasion. It would be the perfect moment for Vladimir Putin to complete his conquest of Ukraine, and perhaps even to move militarily against Estonia. Every passing day could bring a deepening economic crisis, worsened by our angry allies around the world who would welcome the opportunity to requite Donald Trump for his belittling mockery of their countries and presidents. Without the Congress, the United States would be powerless to respond to any of these crises.

What? The "Dep't. of War" can't defend us w/o Congress?

He may be just a bit too optimistic here.

I don’t intend to be overly sanguine about this Supreme Court. This is the court that shattered the one constitutional truth in the U.S. since 1789 that “no man is above the law” and placed Donald Trump of all presidents above the law in Trump v. United States. This is the court that betrayed the Constitution by refusing even to decide whether Trump was disqualified from the presidency under the Fourteenth Amendment because of his insurrection against the Constitution, which he clearly was. This is also the court that has cynically authorized Trump’s lawlessness for the past two years through its aptly named “shadow docket,” without so much as briefing, argument, or written opinion.

But surely by now this court must understand what it has wrought for the U.S. and the Constitution, and is aghast as we all are, even if it is not penitent. Surely, surely, it will understand the signal moment in American constitutional history that would be presented, and this time understand its supreme obligation to the nation.

"Wish in one hand, crap in the other. See which piles up first."

The judge (surprise) is legalistic & lengthy; Heather Cox Richardson summarized it, included some newer developments

As if to illustrate Luttig’s warning, House speaker Johnson told attendees at Trump’s convention in Dallas on Thursday: “We cannot and will not allow them to take the majority in the Congress. We’re not gonna do it.”

& brought it to our attention. Hizzoner summarized himself as well.

Unsummarized: