Wednesday, January 6, 2021

Experts: Biden Lacks Legal Recourse If Congress Overturns Election; State Legislators Officially Ask Pence To Delay Electoral Vote Count, and related 2020 Election stories

AP Photo/Carolyn Kaster
Biden lacks legal recourse if Congress overturns election:
President-elect Joseph R. Biden would have little recourse if Congress moved to overturn his election win this week when a joint session of Congress convenes to accept the 2020 results, according to legal scholars.
But it’s unlikely a majority of members from both the House and the Senate would overturn a state’s electors, they stressed.
If by chance that were to happen, judges would likely buck any legal challenge.
“I doubt the Supreme Court would really want to hear a case like this,” said David Schultz, a professor at Hamline University.
He reasoned that historically courts have not wanted to intervene on how Congress governs internal affairs.
In 1993, the high court refused to get involved with the way the Senate had handled an impeachment proceeding for a federal judge, who attempted to challenge the lack of a trial before a full floor vote.
The court reasoned it is a political question that the judicial branch should not resolve. Experts say the justices could rule the same way in a challenge over Congress certifying the election. --->READ MORE HERE
State Legislators Officially Ask Pence To Delay Electoral Vote Count:
Letters are being circulated among state legislators in four swing states asking that Vice President Mike Pence pause the process of counting electoral votes pending further investigation and litigation into voting irregularities, The Western Journal has learned.
Republican legislators in Arizona, Georgia, Pennsylvania and Wisconsin are being asked to sign the letters, which seek to block the official counting by Congress of the Electoral College votes under Pence’s leadership.
The signatures are reportedly required by 10:00 Eastern Time Wednesday morning, at which time the letters will presumably be forwarded to Pence.
Each letter represents an attempt by state legislatures to exercise their power, clearly granted to them exclusively by the Constitution, over who will represent their states in the Electoral College.
The letters are by no means identical, but language used in Arizona is typical: “[W]e respectfully ask that you recognize our desire to reclaim Arizona’s Electoral College Electors and block the use of any Electors from Arizona until such time as the controversy is properly resolved through the pending litigation or a comprehensive forensic audit.” --->READ MORE HERE
Follow links below to related stories and opinions:

88 State Legislators Ask VP Pence to Postpone ‘Opening and Counting of the Electoral Votes for at Least 10 Days’

Channeling conservative energy: Challenging the electoral count is only the beginning

Objection coordination: House Republicans want a senator to help challenge electoral votes in six states

Ted Cruz to object to Arizona electors, adding to fraud claims

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