Reply To: State Legislatures Should Give Trump Reelection Win

“The Supreme Court has no role here.”

Exactly, correct.

“It is the *Governor* who certifies the electors, not the legislature.”

Normally by LAW, correct. But the legislature has the CONSTITUTIONAL right to assert the power of declaring who the state electors are. And constitutional law overrides statutory law.

“It takes separate votes of BOTH houses of Congress to reject the Governor’s certification.”

Correct, but irrelevant. Because that’s only applicable if the presiding officer of the joint session of Congress, which is VP Pence, on January 6 presents the governor’s certification. Then it would take both houses to override it. But if Congress receives more than one certification from a state, VP Pence will only recognize the constitutional certification from the legislature to present to Congress while ignoring and not recognizing the second certification from the governor, since the legislature has constitutional priority for this purpose.

“The Supreme Court, even with 3 Trump justices, will quickly rule that such an action is illegal.”

The Supreme Court has no role in reviewing the January 6 electoral count in Congress. The constitution assigns that role exclusively to Congress. Another coequal branch of the government (either the executive or judiciary) are not part of this constitutional process.

On January 6 Congress will declare the final vote tally of the electoral college. Following that the issue is finalized and settled. Vice President Pence, as President of the US Senate and constitutionally the presiding officer of the joint session session, is the final arbiter with his declaration.