Could Pence reject contested electors under 12th Amendment? Law professors say yes – IOTW Report

Could Pence reject contested electors under 12th Amendment? Law professors say yes

Just The News: Two law professors are arguing the U.S. Constitution’s 12th Amendment could empower Vice President Mike Pence to reject contested electors and pave the way for the U.S. House to re-elect President Trump under what’s known as a contingent election. 

In an October 19 essay at “The American Mind,” John Yoo, a law professor at the University of California-Berkeley, and Robert J. Delahunty, a law professor at St. Thomas University, argue that Pence, as presiding officer of the joint congressional session on electors, can refuse to “count” the electoral votes from disputed states. 

However, this legal analysis empowering the Vice President faces headwinds as states continue to certify results for Joe Biden over President Trump. more here

10 Comments on Could Pence reject contested electors under 12th Amendment? Law professors say yes

  1. I keep seeing all these arcane ways that people can use to get around the stolen election. We all know it won’t happen. Democrats would use these ways in a heartbeat to take/remain in power. Republicans, not so much.

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  2. What would make the House, the Democrats (a majority) along with their Republican allies, elect Trump instead of Biden?

    Or even Harris for that matter?

    But I doubt this contingent election situation would or could apply unless the Electoral College was a total failure that couldn’t come to a conclusive vote.

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  3. TommyBoy,

    Each State gets 1 vote in the House but that doesn’t mean it will go along party control lines and IMO it probably won’t. It’s a “bipartisan” sort of thing for the upcoming sessions of Congress in which the Democrats and their Republican allies will rule that will be the larger consideration.

    The Senate is more likely to be a lively matter in their selection of the Vice President. That could turn out to be a real side show.

    In any event, it’s not going to happen, the Electoral College will make the decision according to how their States have decided in their legislatures.

  4. Jethro,

    Saying something you just don’t want said, don’t want to hear, isn’t trolling. But calling it that is a sign of someone who has no argument against it and doesn’t want to face it.

    BTW, have you been right about anything so far? If so, what?

  5. Anonymous, I don’t think you’re a troll. Maybe a droll wet rag who enjoys pissing in peoples’ wheaties, but not a troll.

    People here are not stupid. They know the system and the odds are stacked against them and President Trump. They can go to any legacy media outlet to get the debbie downer stuff you like to come here and dole out anonymously.

    Jethro is here for mutual support, options and to vent his frustration. So am I and almost everybody else. You are not enlightening anyone. You’re a drag. Maybe you should go somewhere else to mope.

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