The next leader of one of Congress’s chambers, tasked with certifying the winner of the upcoming presidential election, has a controversial history. Mike Johnson, the newly elected speaker of the House, previously played a prominent role in attempts to overturn the results of the last election. This raises concerns that if Republicans retain power, they may undermine the will of the voters, despite safeguards put in place after the 2021 attack on the U.S. Capitol.
Johnson, a congressman from Louisiana, led the effort to file a brief in a lawsuit seeking to overturn President Joe Biden’s victory in 2020. However, this claim was swiftly dismissed by the U.S. Supreme Court, drawing criticism from legal scholars across the political spectrum. Furthermore, Johnson perpetuated baseless conspiracy theories propagated by former President Donald Trump to explain his loss in the 2020 election. Even after the Jan. 6 attack on the Capitol, Johnson voted against certifying Biden’s win.
Johnson’s previous actions are particularly significant because the Constitution places the speaker second in line for presidential succession, following the vice president. Additionally, the House, led by Johnson, will oversee the certification of the winner of the 2025 presidential election. Legal expert Rick Hasen expressed concern about Johnson’s position as a constitutional lawyer, noting that he employed legal and technical language in his attempts to subvert the election outcomes. This raises the question of whether Johnson may use his position to advance similar efforts if Trump becomes the GOP nominee in the next election and loses.
While Congress implemented safeguards to make it harder to object to presidential results following the 2021 attack on the Capitol, some conservatives argue that Congress’s authority to oversee the certification process cannot be regulated by legislation alone. According to this school of thought, only the Constitution’s broad power to ratify the electoral college’s votes matters. Therefore, the speaker’s role in certifying election results remains significant.
It is worth noting that Johnson’s position as the speaker is not guaranteed, as the House makeup will be determined by the winners of the previous November’s election. Additionally, the vice president, who will be Democrat Kamala Harris in 2025, presides over the joint House and Senate session and has a ceremonial role. Still, if Johnson becomes the speaker and continues to support Trump’s efforts to stay in power, he would be well-positioned to advance legal arguments to the conservative-leaning Supreme Court.
After being nominated as the new House speaker by the GOP caucus, Johnson faced questions about his role in attempting to halt the certification of the 2020 results. However, he evaded the question and declined to respond. House Democrats kept the issue in focus during the speaker vote, emphasizing Johnson’s involvement in the electoral college objections.
Johnson’s ascent to the speakership occurred after Trump publicly undermined the candidacy of Rep. Tom Emmer, who initially supported Johnson’s brief in the lawsuit to overturn Trump’s loss but ultimately voted to certify Biden’s win after the Capitol attack. Trump labeled Emmer a “RINO” (Republican In Name Only) on his social media platform.
Johnson, a former attorney for the religious rights group Alliance Defending Freedom, was first elected to the House in 2016, during Trump’s presidency. He gained attention as one of the leading Republican interrogators during Trump’s first impeachment in 2019. Johnson continued to staunchly defend Trump throughout the 2020 election, expressing support and repeating discredited claims of widespread voter fraud.
When asked about the election results, Johnson attempted to downplay allegations of a grand conspiracy and instead highlighted the chaos and confusion surrounding the election. However, he organized a significant effort in support of a failed lawsuit by Texas Attorney General Ken Paxton, which sought to invalidate Biden’s wins in four swing states critical to his Electoral College victory. Legal analysts widely criticized this litigation, which was swiftly rejected by the Supreme Court.
Johnson received praise from former New York City Mayor Rudy Giuliani, who is facing charges related to attempts to overturn election results in Georgia. Giuliani lauded Johnson for his refusal to accept Trump’s loss in the 2020 election.
Following the attack on the Capitol, Johnson condemned the violence but ultimately voted to overturn Biden’s wins in Arizona and Pennsylvania, along with the majority of House Republicans. He maintains a close relationship with House Judiciary Committee Chairman Jim Jordan, another Republican who collaborated with Trump on efforts to overturn the election.
Since the assault on the Capitol, Trump supporters who sought to overturn the election have faced defeat in subsequent elections. However, they have been successful in internal party contests and have gained control of some state parties. Johnson’s ascent to a powerful political position highlights the influence these supporters now wield.
Joanna Lydgate, CEO of the nonpartisan group States United Democracy Center, expressed alarm at Johnson’s new role, questioning how he can lead the people’s House if he doesn’t believe in the will of the people. Emphasizing the importance of a peaceful transfer of power and the need for those in power to take democracy seriously, Lydgate warned of potential consequences when these values are ignored.
