A prominent conservative former federal judge is warning that House Speaker Mike Johnson could use an obscure congressional procedure involving the Clerk of the House to prevent Democrats from taking control of the chamber on January 3, 2027—even if they win a majority in the November midterms.
In a recent New Republic article titled “The Final Battle for America’s Democracy,” retired Judge J. Michael Luttig, a George H.W. Bush appointee to the Fourth Circuit Court of Appeals, outlined a scenario in which Johnson replaces the current House Clerk and a loyalist successor then omits certified Democratic members-elect from the official roll used to organize the new Congress.
The warning gained attention after Johnson told a Republican gathering in Dallas earlier this month: “We cannot and will not allow them to take the majority in the Congress. We’re not going to do it.” Luttig has cited the remark as a reason the public should take the possibility seriously.


GIPHY App Key not set. Please check settings