According to his official website, California Gov. Gavin Newsom on October 1 appointed Laphonza Butler to the Senate, to complete the term of the late Sen. Dianne Feinstein. Butler was apparently a Maryland resident as of very recently, but according to Newsom’s office she plans to re-register to vote in California before her Wednesday swearing-in.

For various reasons, though, that might not be enough, and the Senate will have a real constitutional question to face. As far as I can tell—and I’d be happy to be corrected—if Butler hasn’t traveled back to her home in California since deciding to take the job, and if Newsom doesn’t wait until she does to make (or re-make) the appointment, she can’t represent California, and the Senate can’t seat her yet. …

By contrast, Article I looks to a senator’s residence “when elected,” and not when sworn in. Swearing-in might be the right time for measuring age and citizenship, but not residence.

[Sachs wants the Senate Republicans to fight this on principle, and he’s right. The Senate would likely admit her anyway, but let’s put the Democrats on the record for ignoring the Constitution, especially while a few of them try to DQ Trump over a specious 14th Amendment argument. — Ed]