POLITICO Publishes Article by Stanley Brand on Likelihood of Senate Expelling Roy Moore

POLITICO has published the article “Why the Law Might Not Allow the Senate to Expel Roy Moore,” written by Stanley Brand, senior counsel in the litigation practice at Akin Gump. In the article, Brand discusses what could be an attempt by the U.S. Senate not to seat Roy Moore should he win election next month.

Moore, who is running for the seat once held by Attorney General Jeff Sessions, is facing multiple allegations of sexual misconduct. Several Republicans in the Senate have voiced their opposition to his candidacy, with some, as Brand writes, “even openly discussing the possibility of expelling Moore if he is elected—a Senate power not exercised since the Civil War.”

Brand goes on to write that expelling Moore could be difficult, at least from a legal perspective, partly due to Supreme Court precedent. He cites a 1969 decision denying an attempt by the House of Representatives to refuse to grant then-Rep. Adam Clayton Powell his seat after his reelection due to his staff falsifying travel expenses and making illegal payments to his wife. That case, Brand writes, “looms as an important warning that the power to expel might not be expansive enough to empower the Senate to disregard the will of the electorate—however distasteful it finds the conduct at issue.”