Judge Luttig’s Scenario

Hello Indivisible Citizens of Catawba Valley,

It’s another Take Action Tuesday from the ICCV Legislative Committee. It is 6 weeks until Election Day, and just over 3 weeks until Early Voting begins. The next Congress is due to be sworn in on January 3, 2027. This week, we are presenting a discussion of a potential scenario in which the current Congress declines to seat newly elected members. While this is a plausible scenario presented by an authority on law and the Constitution, we do not wish to incite panic. Forewarned is forearmed, as they say.

On September 10, “The New Republic” published an essay by J. Michael Luttig that is worth reviewing. Luttig is a retired conservative jurist who once clerked for Antonin Scalia and for Chief Justice Warren Burger, and who was himself short-listed by President George W. Bush for the Supreme Court, appointments that ultimately went to John Roberts and Samuel Alito.  Luttig is no “far-left liberal conspiracist,” but he presents a scenario where Speaker of the House Mike Johnson could arrange to avoid or at least delay seating new Democratic members of Congress.  Virtually everyone agrees it would not be legal, but it would create a crisis that would require Supreme Court review.

Would President Trump, who provoked the January 6 events, encourage such an anti-democratic plan?  Would Johnson, who voted against certifying President Biden’s election, and who delayed seating newly elected Democratic representative Adelita Grijalva (D-Ariz,) this year for 50 days, go along?

Our Declaration of Independence asserts that governments derive “their just powers from the consent of the governed.”  Luttig suggests that legislators and candidates be pushed to assert that they would honor the will of the voters and not stand for this sort of maneuver.

https://newrepublic.com/article/215198/2027-new-congress-final-battle-american-democracy

He reiterated his concerns in an interview on MSNOW.

https://www.youtube.com/watch?v=lII5SIzQrrA

Please call or write to your national legislators and candidates and ask them to commit to seating the newly elected Congress on January 3 without delay.  (If you call, it’s likely you’ll need to leave a message; if you write, there’s a chance they will respond, and you will know where they stand.)

HOW TO DO IT

Senator Thom Tillis – Phone: (202) 224-6342; Email (send from website): https://www.tillis.senate.gov/

Senator Ted Budd – Phone: (202) 224-3154; Email (send from website): https://www.budd.senate.gov/

Representative Pat Harrigan – Phone: (202) 225-2576; Email (send from website): https://harrigan.house.gov/contact

Representative Virginia Foxx – Phone: (202) 225-2071; Email (send from website): https://foxx.house.gov/

EVENTS AND OTHER OPPORTUNITIES

Today, Tuesday, September 22, at 6:00 PM, the Hickory NAACP, along with ICCV and the Catawba County NAACP, are offering a 2026 Election Workshop, presented by Common Cause NC.  This is strongly recommended for members who plan to participate in the Election Defense Corps, and highly recommended for anyone interested in this year’s mid-term elections. Sign up at https://www.mobilize.us/commoncause/event/1029210/

There will be NO regular ICCV meeting on Thursday, September 24.

Saturday, September 25, from 3 – 8 pm, Todos Somos America, sponsored by Centro Latino, will be held in downtown Newton. ICCV will be providing support by wearing our ICCV gear, walking around the Festival, and providing a visible and reassuring presence for our neighbors.  Volunteer signup for this event at this link: https://volunteersignup.org/WB8QT

Our primary focus will continue to be on elections between now and election day. If there is a particular election-related issue you would like us to research and address, please e-mail us at iccvlegislation@gmail.com

This week’s quote is appropriate in the context of the Trump administration’s assault on the First Amendment by banning certain news agencies from the White House. https://www.npr.org/2026/09/19/nx-s1-5974854/trump-cnn-msnow-politico-ban

"…our liberty depends on the freedom of the press, and that cannot be limited without being lost."
~ Thomas Jefferson, in a letter to James Currie, January 28, 1786

Thank you for everything you do to protect our democracy! 

ICCV Legislative Committee                                                                                                              

“With Liberty and Justice for ALL”