J. Michael Luttig, known for years as one of the most conservative judges in the U.S., has joined a coalition of veteran lawyers and non-partisan government-watchdog groups fighting against a momentous election-law challenge before the Supreme Court.
A powerful new litigant has joined one of the most momentous cases slated to be heard by the Supreme Court this term. The respondents in the case of Moore v. Harper filed a brief today that included a surprising new signatory: J. Michael Luttig, who has been known for years as perhaps the most conservative Republican judge in the country.
Having such a well-known conservative former jurist argue against the election-law challenge may carry some weight with the conservative super-majority on the Court, several of whom have ties to Luttig that stretch back decades. Justice, for instance, was personally shepherded through his contentious Supreme Court confirmation hearings by Luttig in 1991. At the time, Luttig served as the Assistant Attorney General in charge of the Office of Legal Counsel in George H. W.
On the evening of January 4, 2021, Luttig was asked to weigh in as an emergency outside legal expert to Vice-President Mike Pence, whom Trump was pressuring not to certify Biden’s Electoral College victory. After researching the laws, Luttig emphatically advised the Pence team that the Vice-President had no choice. The Constitution clearly stated that the Vice-President’s only role was ceremonial.
Since then, Luttig has, in a scholarly, judicious way, continued to sound the alarm. Last June, Luttig surprised many who had dismissed him as a Republican partisan by publicly testifying to the House select committee investigating the January 6th that Trump and his apologists posed a “clear and present danger” to American democracy.
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