No, you're not understanding that that contradiction exists. You're assuming there's a mechanism to figure it out, as there always has been in the past in our system. You're wrong, there isn't one as it wasn't built in the first place because it wasn't supposed to happen. No one knows what would have happened had Pence just done what Trump asked and read out different votes than he was supposed to. It's unprecedented. If Pence had acknowledged the fake electors and just gaveled Trump re-elected, would he be? It's never happened before and we have no mechanism to figure it out. In 1877 they resorted to a backroom deal to get the South to withdraw their electors and so even then it was never resolved.Its INTENTION being ceremonial is a long time subject of debate. The left argued both sides of that, back to the Kennedy election. So it was never settled. THEREFORE it would go to the courts to decide. You do realize you are arguing against yourself when you say the SCOTUS could not get involved...while at the same time arguing that the VPOTUS role was only ceremonial. If the VPOTUS role is final (Trumps hope) then Pence could in fact have rejected a states electors and accepted an alternative slate. None of that was settled in the courts so it would always have ended in the SCOTUS which is 6-3 good guys. Trump would never have won that however in the court IMO. Hail Mary. But not illegal to try. Doing at the tip of a sword...never contemplated.
Last edited: