Daniel Epps, associate professor of law
Sen. Josh Hawley (R-Mo.) has been roundly condemned for his role in amplifying President Trump’s false claims that this year’s election was “rigged” and “stolen” — and for challenging the counting of the electoral-college votes even after a violent mob stormed the Capitol. In recent days former allies, including his political mentors and major donors, have denounced him. Yet the focus on the Capitol violence has meant that the specifics of Hawley’s legal arguments have received less attention. That’s unfortunate, because the senator’s arguments present a threat to democracy that will not disappear even now that Trump has left office. Hawley’s status as a former law professor and clerk to Chief Justice John G. Roberts Jr. might lead observers to give credence to his legal claims, if not to his political positions. But legal arguments, some of which have started to gain a foothold on the right, would in fact undermine not just Democrats’ ability to win elections but the rule of law itself.
Read the full piece in The Washington Post.
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