Former federal prosecutor Dennis Aftergut argues that the election of Rep. Mike Johnson as Speaker of the House by House Republicans will likely harm the GOP in upcoming elections. Mr. Aftergut describes at least five reasons, including Johnson’s staunch anti-abortion stance, his role in perpetuating election denialism, his lack of experience in national fundraising, and various policy positions that could alienate swing voters and jeopardize the GOP’s chances in 2024.

Cornell Law professor Michael C. Dorf analyzes whether the U.S. House of Representatives can choose a Speaker who is not a current member of Congress. While conventional wisdom suggests that a non-member could serve as Speaker due to the lack of explicit qualifications in the Constitution, Professor Dorf argues that this interpretation may be faulty, citing original understanding, historical practice, and functional considerations. Professor Dorf concludes that while the Constitution is unclear on this issue, the absence of explicit language should not be taken as carte blanche to make any choice, and that both liberals and conservatives should be cautious in their assumptions about what the Constitution does or does not allow.