Can the Senate Simply Refuse to Seat Moore?

800px-Bilbo1939_with_book

In 1946, the notorious demagogue Theodore Bilbo of Mississippi won reelection to the senate after inciting violence against black voters. The Senate refused to seat him. Bilbo died of cancer the following year having never actually reassumed his seat.

Can’t the Senate do the same thing if Moore wins in December? There would be ample cause.

In addition to the allegations of sexual assault of a 14-year-old child, Moore has said Muslims should not be able to serve in congress and homosexuality should be illegal. He’s also a birther, because of course.

I assume the Republican leadership would be utterly unwilling to go to war like this, but if the Senate didn’t want to seat a new member I’m not sure it would have to.

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