In this episode of _The Stakes,_ host Brad Rourke talks with Kettering Senior Fellow J. Michael Luttig about what he warns could become a constitutional crisis following the 2026 midterm elections. In an article published in _The New Republic_ titled “The Final Battle for America’s Democracy,” Luttig lays out a scenario in which House leaders could seek to prevent duly elected Democratic members from taking their seats when the new Congress convenes on January 3, 2027. Drawing on his experience advising Vice President Mike Pence before January 6, 2021, he argues that preserving constitutional government may again depend on public officials honoring their oaths at a moment of intense political pressure.
Luttig calls on members of both parties to publicly commit to seating duly elected representatives and urges Americans and the news media to demand those commitments before Election Day.
I wish Judge Luttig, Professor Tribe, Rep. Raskin, among others, would join Justice Jackson on the Court.
Your Honor, I just can't help but think that there must be some sort of job security/protections for the Clerk of Congress as would be reasonably expected for anyone else who is in the workplace. Fair Trade rules, …heavens, OSHA. (!?)
I know I exaggerate for effect, but isn't there some way to protect the gentleman from unfair trade practices before Mike Johnson decides to fire him for no reason? Even if it was something that might be pending for a couple of months, with him still in place, while the problem makes its way through the system. It's difficult to establish what someone has in mind, but if this was to follow the commonly predicted pathway, then Johnson's intentions would be pretty blatant in a very empirical way, yes?
I've written the below-listed couple of paragraphs and posted them around a bit already. But no one seems to've picked up on this.
If we can simply prevent the Clerk from being fired, then that stops this whole entire pathway of malfeasance from ever even so much as taking place. …At all.
I'll re-print my original post(s), as follows…
– – – – –
I can't help but think that if we protect the Clerk of Congress before anyone (cough, cough, sputter, sputter, …Mike Johnson) can try to fire him, then none of this will be a problem, yes?
There must be some procedural requirements for not being able to simply fire the Clerk of the House of Representatives without just cause.
According to Wikipedia: "The incumbent clerk is Kevin McCumber. He was elected to replace Cheryl Johnson following her resignation on June 30, 2023, during the 118th Congress. Lisa Grant is a deputy clerk of the House." I've looked online, and I don't see any references to the Hon. Mr. McCumber having been involved in any scandal, wrongdoing, or even any controversy of any sort. All of which sounds like a reason for a commendation for Mr. McCumber, …*not* any sort of cause to have him fired.
Protect the Clerk.
…
Here's an idea…
Trump tried to fire one of the Trustees of the Federal Reserve Bank and also the woman from the Federal Trade Commission.
But…
without due cause.
It took weeks (months?) for it to get through the courts. Up to (and through) the U.S. Supreme Court. One worked (the Fed). And one actually did get fired (at the FTC).
How can we apply delays like that to the Clerk of the U.S. Congress?
If we know (ahead of time!) that Mike Johnson is going to try to fire the Clerk of the U.S. Congress and install some sort of MAGA catspaw, what should we be planning (in advance) to ad enough legitimate, expected delays to such an action to make sure that it takes longer than the beginning of January 2026?
Such things just do take that much time. Longer actually.
Firings of that sort of magnitude (eg. Clerk of Congress) have to be done for 'cause'. When the Supreme Court ruled on the FTC, they didn't say anything about the Clerk of Congress. And when they ruled on the Fed position, that didn't have anything to do with the FTC, but that needed cause, while the other one didn't seem to.
So one may reasonably assume that each instance of upper level firings need to be adjudicated separately.
And the legal adjudication necessarily involves delays as it makes its way through the court system. And you can't just go ahead and tell someone "your fired" if there courts don't come out and say it's allowable.
Presumption of Innocence would mandate that a person keeps their job until after the Courts say otherwise, yes?
Let's do some of this public legal yelling at each other ahead of the event, while we can, instead of right then and there in the moment. When a lot of confusion and conflicting public emotion could jeopardize Democracy itself.
…Protect the Clerk!
And, …VOTE!
Owen Jay Korman
Philadelphia, PA
I see Judge J. Michael Luttig, I stop to listen.
VOTE DEMOCRAT
THIS MID TERM ELECTION THE MOST IMPORTANT ELECTION IN HISTORY
LISTEN UP AMERICANS. JUDGE LUTTIG HIW REPUBLICANS ARE GOING TO CHEAT IN 2036 MID TERMS
We need more Judges like Judge Littig! Thank you
At this juncture, no matter who wins, the election process has been deeply undermined, if not flat corrupted.
A wonderful America could've been if Al Gore had been elected president and J Michael Luddig had been chief justice of the United States Supreme Court
Is luttig still a republican???
Not once have I heard the NUMBER ONE PROBLEM IN THIS NATION, THE PAC DONOR MONIES. You remove the bought and paid for SCOTUS rulings of 2010 and 2012, we can have a representative form of democracy and throw this PAC donor owned plutocracy into the garbage. The sole problem in this nation is the Heritage Foundation and their PAC monies by which they have bought our entire federal government.
Thank you for your sanity.
Thank you!
Judge Littig,
$Trumpet will do what it takes. That’s why we approach Bastille Day at Versailles on the Potomac.
Thank you!! We are paying attention and spreading this information… We know you are ON SPOT!!! get this on more sub stacks,,Kirschner, Cohen, Richardson, TYT, all of them!!! Vital!! Remember Aelita Grijalva in Arizona,,,they were testing this attact at that time.
Speaker Johnson could shutdown the government in December by refusing to agree to any continuing resolution. By doing this he can then refuse to swear in the new Congressional members on Jan 3 and extend the shutdown for weeks.
Judge Luttig was one of the first people to see the danger Trumpism poses to the US. I really hope he is able to convince the American people so rise up against this.
Why not have Judge Littig as the Chief Justice ! We need this !
Your Honor 🇺🇸 How do we , America fix this mess our Country is currently ? Can we repair the damage done to our Constitution ? Get a more honest Supreme Court Justice who never ever will put any President above laws?
💙💙💙💙💙💙💙💙💙💙💙
From the Opposite End of the Spectrum: Thank you Justice Judge Luttig. I appreciate you so much. You have given We The People an Educational Moment for years to come . I’m watching, listening, learning, and paying attention.💕🩷
Thank you
"This isn't a fight for democracy. It's a fight for who gets to run what's left of it." Prof Stoermer.
Sorry to say, we need the National guard to stand ready and remove the entire GOP from both houses come January 4th at this point. They are nothing but scorpions trying to cross the river at any cost, including killing the constitution in its entirety.
I will not be a part of this corrupt den of thrives presidency, criminals need to be checked ☑️
We the people stand up against this corrupt Supreme Court and clowns in Washington 😂
God bless J Michael Luttig for his guidance through this crisis.
NO KING
Thanks to you both. I was scrolling and when I saw the judge's face I just stopped to listen because he always has something of value to say. And as a consequence, I've subscribed to your page.
WE THE PRO-DEMOCRACY PEOPLE ARE READY.
'WE the PEOPLE" are MAD as HELL🔥 at D🚽T & the GoP🦣Traitorous Congress & we're N🚫T going to take it anymore❕️