Democrats Win Congress, Could the G.O.P. Refuse to Seat Them?

With January’s congressional transition approaching, some Democrats are bracing for the possibility of Republicans refusing to seat elected members if Democrats win the House majority. Legal scholars generally consider such a move highly unlikely, but the article notes it would echo past efforts to challenge certified results. It cites law professor Brian C. Kalt of Michigan State University, who said the scenario would require “a lot of ducks” lining up. The comparison is to January 6, 2021, when a majority of Republicans voted to contest Electoral College certification of President Joe Biden’s win. Two moderate House members have asked colleagues to pledge acceptance of certified outcomes.