Where's Nadler?
Haven't seen since the mini-stroke shitting on stage episode? Anyone else?
https://www.lawfareblog.com/presidential-succession-nightmare
But assume that the speaker of the House and the secretary of state both think an oath is required. The oath is usually, but under the Constitution need not be, performed by the chief justice. So imagine that Pelosi resigns from Congress and gets Jerry Nadler, chair of the House Judiciary Committee, to administer the oath, accompanied by a legal opinion from the House general counsel that concludes she is acting president under the succession statute. And imagine that Secretary of State Pompeo gets Attorney General Barr to perform the oath for him, and that Barr provides a supportive legal opinion—one that disavowed the analysis in McGregor’s 1947 letter. (We will ignore severability complications.)
Brian Kalt, in his book Constitutional Cliffhangers, says that in this very situation, “[t]he Speaker would have the statute and well-settled expectations on her side; the secretary of state would have the stronger constitutional arguments and all the policy arguments … —a resistible force versus a moveable object.” That is a plausible assessment, but how would it play out?
What is the coming Constitutional Crisis??