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I've been getting inquiries worrying that Pence will block the Biden electoral college win when he presides in the Senate on January 6th.
Don't worry.
Neither the 12th A nor the Electoral Count Act does not give him that power.
*Short* thread 1/
Don't worry.
Neither the 12th A nor the Electoral Count Act does not give him that power.
*Short* thread 1/
2/ The 12th Amendment merely designates the President of the Senate (the VP) to "open all the certificates." But then uses the passive voice: "the votes shall then be counted."
Implicitly, Congress does the counting.
The Electoral Count Act is more detailed on the count process.
Implicitly, Congress does the counting.
The Electoral Count Act is more detailed on the count process.
3/ Sorry for the double negative in the first tweet.
I meant:
"Neither the 12th A nor the Electoral Count Act gives [the Vice President] that power."...
I meant:
"Neither the 12th A nor the Electoral Count Act gives [the Vice President] that power."...
4/ Here is the Electoral Count Act, laying out the process for counting the Electoral College votes and any disputes. Note that the president of the Senate (the VP) has no speical role in resolving any dispute.
https://www.law.cornell.edu/uscode/text/3/15
https://www.law.cornell.edu/uscode/text/3/15
5/ After there are objections to any state's slate of electors, the only way to override the certified electors is if BOTH Houses "concurrently... reject" that slate.
See 3 USC 15.
Dems control the House. That's simply never going to happen.
See 3 USC 15.
Dems control the House. That's simply never going to happen.
6/ The Senate isn't going to reject any slate either.
"But if the two Houses shall disagree...the votes of the electors whose appointment shall have been certified by the executive of the State...shall be counted." 3 USC 15
Governors already certified the Biden win, 306-232.
"But if the two Houses shall disagree...the votes of the electors whose appointment shall have been certified by the executive of the State...shall be counted." 3 USC 15
Governors already certified the Biden win, 306-232.
7/ Don't forget the Safe Harbor provision that the states all met in time and that legally protects the Biden win (306-232):
Certification by Dec 8th "shall be conclusive, and shall govern in the counting of the electoral votes." 3 USC 5.
https://www.law.cornell.edu/uscode/text/3/5
Certification by Dec 8th "shall be conclusive, and shall govern in the counting of the electoral votes." 3 USC 5.
https://www.law.cornell.edu/uscode/text/3/5
8/ Bottom line:
There is no secret legal maneuver left to stop a Biden presidency.
Pence & McConnell understand these rules & are in an awkward political position of their own sad making.
Any drama before or on Jan 6 will be merely a pathetic show of Trump loyalty/cowardice.
There is no secret legal maneuver left to stop a Biden presidency.
Pence & McConnell understand these rules & are in an awkward political position of their own sad making.
Any drama before or on Jan 6 will be merely a pathetic show of Trump loyalty/cowardice.
PS I just saw this @washingtonpost article on Pence and the electoral college by @jdawsey1 @ColbyItkowitz. I’m surprised they didn’t try to explain more precisely why Pence has *no legal power* to stop the ElectoralCollege. The word “evident” is too weak. https://www.washingtonpost.com/politics/pence-biden-congress-electoral/2020/12/24/48f48da8-4604-11eb-a277-49a6d1f9dff1_story.html
10/ I turned this thread into a blogpost for my anxious older relatives who don't use twitter but can read blogposts. Feel free to send it to your anxious older relatives:
"Pence Cannot Stop the Electoral College on January 6" https://shugerblog.com/2020/12/26/pence-cannot-stop-the-electoral-college/
"Pence Cannot Stop the Electoral College on January 6" https://shugerblog.com/2020/12/26/pence-cannot-stop-the-electoral-college/
11/ My mentor @backermanyale and my friend @proffontana wrote this article about how Adams in 1796 and Jefferson in 1800 counted electoral votes with formalistic problems (Vermont & Georgia)...
But there was no Electoral Count Act then.
https://scholarship.law.gwu.edu/cgi/viewcontent.cgi?article=1627&context=faculty_publications
But there was no Electoral Count Act then.
https://scholarship.law.gwu.edu/cgi/viewcontent.cgi?article=1627&context=faculty_publications
12/ Moreover, the historical record does not suggest a substantive dispute over whether Vermont or Georgia intended the electoral votes to go to Adams or Jefferson, respectively.
1796 & 1800 simply are not precedents for Pence to defy the voters or the Electoral Count Act.
1796 & 1800 simply are not precedents for Pence to defy the voters or the Electoral Count Act.
