By Karim Hammam
Some MAGA officials are exploring a constitutional loophole that could prevent Democrats backed by the Democratic Socialists of America from taking office even if they win Tuesday's elections, potentially blocking Democrats from securing a House majority.
Loophole targets DSA-backed candidates
The argument centers on the oath of office that members-elect swear before becoming full House members. Proponents claim any member-elect can challenge another's right to be sworn in by presenting evidence that the individual would not uphold the Constitution. Such a challenge would trigger House-wide deliberations and a vote on whether to seat the member-elect, rather than the usual mass oath ceremony.
Three DSA-backed candidates defeated incumbents in Democratic primaries this year, so the number of DSA-affiliated members could increase if the challenge succeeds.
Republican lawmaker proposes challenge
Republican Representative Keith Self of Texas told Fox News he could invoke the procedure. Self argued that DSA members advocate for drafting a new constitution, making it impossible for them to swear to support and defend the current one in good faith. He also referenced what conservatives call the "Red-Green Alliance," describing collaboration between far-left movements and Islamist organizations.
Leadership could block maneuver
The strategy faces significant hurdles. If Democrat Hakeem Jeffries is elected speaker, he could dismiss the challenge outright. Current Speaker Mike Johnson, a Republican, has already labeled the idea a "nonsense narrative" and pledged to follow the law, suggesting he would also reject such a challenge if Republicans retain the majority.
Democrats need a net gain of three seats to flip the House. Recent polling indicates they are likely to gain between 12 and 25 seats, which would give them a comfortable majority.
