In this episode of The Stakes, host Brad Rourke talks with Kettering Senior Fellow Judge 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.
