The Josh Hawley Problem and Jan. 6, 2025

There is this deep reservoir of a political movement that is fundamentally not committed to the rule of law in our democracy.

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An image of Josh Hawley is shown on a screen during a hearing of the Jan. 6 committee in Washington on July 21, 2022.There are very few sure things, two weeks away from Election Day.

One near-certainty, though, is that this election will be contested. Dahlia Lithwick: What of all of the scenarios that you lay out in the book is the scenario that you lie awake sweating about?The first is around the Electoral Count Reform Act. So the Electoral Count Reform Act was a law that was passed in late 2022.



It’s an incredible improvement to the law of the electoral count. The old Electoral Count Act of 1887 governed how Congress counted the electoral votes on Jan. You’ve already flagged how the Electoral Count Act was repaired and some of its ambiguities tightened, but I think that one of the reasons you and your co-author professor Lessig are so merciless in your assessment of Hawley’s behavior is because unlike laws that you can rewrite and fix and clear up, you can’t fix people who are willing to violate the plain meaning of the law as amended.

So yes, that is really concerning and to look retrospectively at what Josh Hawley did in 2020—he is a highly educated lawyer. He knows better. He was a law professor before he went into politics.

When he was a law professor, he actually wrote a law review article about the 12Amendment, which is the part of the Constitution that governs the electoral count. It’s one of the only law reviews ever written about the 12Amendment. So he of all people should have known better.

But now, in the aftermath of all of that, and what we saw happen later in the day on Jan. 6, we have J.D.

Vance, the vice presidential running mate, say that he wouldn’t have done what Mike Pence did on Jan. 6. What would he have done? Vance is not clear about that, but it’s certainly not the thing that he was constitutionally obligated to do.

Vance says there should have been a political debate about the results of the election. We have summarized this news so that you can read it quickly. If you are interested in the news, you can read the full text here.

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