Regardless of how you felt about Mike Pence’s term as vice president, his refusal to throw out an election for the presidency despite having no authority to do so saved the nation from a constitutional crisis. It was an act of integrity, of bravery, in the face of a president who happily watched as insurrectionists tried to find Pence to place him on a gallows. But that was a presidential election. As David French explains, the same rules do not apply to elections for the House of Representatives.
That’s exactly why we have to be creative now, to see around the corners into the possible future abuses of the law, and I’m worried that a largely forgotten constitutional provision (combined with a relatively vague federal statute) provides House Republicans a legal loophole to abuse — with no one clearly ready (or willing) to assume Pence’s role as the guarantor of American democracy. Continue reading
