Letters from an American
Letters from an American

Sep 13, 2026 · 11 min

Luttig warns Republicans could trigger a constitutional crisis

The Writing is Already on the Wall

The episode examines how refusing to seat duly elected Democrats could test the limits of democratic institutions after the 2026 midterms.

3 key takeaways
  1. 1J. Michael Luttig warns Republicans might refuse to seat duly elected Democrats after the 2026 midterm elections.
  2. 2Heather Cox Richardson connects proposed postal-voting changes and pressure on election workers to broader democratic strain.
  3. 3Luttig calls on Republicans to break with Donald Trump and the MAGA movement to uphold their oaths and institutions.

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J. Michael Luttig warns that Republicans could refuse to seat duly elected Democrats, turning the 2026 midterms into a constitutional test.

The brief

Heather Cox Richardson opens with conservative jurist J. Michael Luttig’s warning that Republicans could refuse to seat Democrats elected in the 2026 midterms.

Luttig’s argument, as presented here, is that Donald Trump’s assault on democratic institutions could culminate in a decisive constitutional crisis.

The episode widens the frame to proposed postal-voting changes and pressure on election workers, showing how election administration can become a battleground.

Luttig’s proposed remedy is political as well as institutional: Republicans must break with Trump and the MAGA movement to honor their oaths.

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Luttig warns Republicans could trigger a constitutional crisis | PodLume