This 'craven' act could let GOP keep House majority even if Dems sweep midterms: analysis

[turbinetree]

By Ewan Gleadow
Published December 8, 2025 9:08 AM ET

A former Democrat representative has highlighted how one "craven" act would let the GOP hold onto their House majority — even if they lose the midterms.

Donald Trump could act on a "craven, but shockingly constitutional" clause should the House flip to a Democrat majority after next year's elections. Steve Israel, writing in The New Republic, confirmed there could be cause for the president to hold a majority through a "possible hijacking" that courts would struggle to reverse.

The ex-Dem rep wrote, "I’d always assumed that seat was bestowed to me by a majority of voters in my Long Island district. Turns out I was wrong. That simple language—tucked into Article 1, Section 5—might be a mechanism for Donald Trump and his congressional acolytes to maintain their House majority after the 2026 midterm elections, even if it’s clear the Democrats have flipped the House."

https://www.rawstory.com/trump-midterms-2674378602/

If you think they will not do this lets just ask the newly seating representative from Arizona ...............Adelita Grijalva

[dalton99a]

1. Kick

"It would be craven, but shockingly constitutional. And it would be hard for the courts to reverse. The possible hijacking of a Democratic majority would rest on these words: 'Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business.'"

Ex-rep Israel believes the "preferred representative" chosen at the ballots could be overturned, as the "final arbiter" is the speaker of the House, Republican rep Mike Johnson. There is precedence to refuse the results of the midterms and stagger on with a slim majority, too.

Israel wrote, "In 1984, a Democratic-controlled House of Representatives refused to seat newly elected Republican Rick McIntyre from Indiana’s notorious “bloody” 8th congressional district."

"He’d just beaten incumbent Democrat Frank McCloskey by a mere 34 votes, but questions about the vote counting abounded, leading House Democrats to appoint a three-person commission to investigate further. They ultimately found that McCloskey had held the seat by four votes and seated him instead—reversing the results of the election."

[Fiendish Thingy]

4. It's bullshit

See post #3

[GCG]

2. That's a stretch!

It isn't the same thing...the Democrats conducted an investigation and found that the incumbent had actually won by 4 votes.

[Fiendish Thingy]

3. Utter nonsense

But why should one expect anything but nonsense from clickbait site Rawstory?

Ex-rep Israel believes the "preferred representative" chosen at the ballots could be overturned, as the "final arbiter" is the speaker of the House, Republican rep Mike Johnson. There is precedence to refuse the results of the midterms and stagger on with a slim majority, too.

The “final arbiter” is not the speaker, since when the new Congress convenes on January 3 2027, the house does not have a speaker, as all members are considered “members-elect”.

https://www.congress.gov/crs-product/RL30725

The first order of business is the election of the speaker by the members-elect, none of whom have been sworn in yet.

If Dems have flipped the house, they will have more members-elect present, and would presumably elect a Democratic speaker.

Following the election and swearing in of a speaker, the speaker then administers the oath of office to the other members elect.

At that time, Objections may be raised to seating a particular member, but if the Republicans conspire to object to enough Democrats to retain a majority, Democrats can object right back and deny seating Republicans. It would be a messy tit for tat, and will not happen.

Just because a former representative says something doesn’t make it true.

[Just_Vote_Dem]

5. Thank you

Your use of facts gives me hope in these dark days.

[Fiendish Thingy]

7. Without facts...

Read my signature line.

[Silent Type]

6. Just vote. We can worry about highly unlikely stuff after winning vote count.