First of all, all four GOP Legislatures (PA, WI, GA, MI) have accepted Biden as President-Elect.
Second, any ruling by Pence (and I do not think he would rule for Trump) can and will be appealed to the floor where the Democrats have a majority. The one-state one vote rule in the House cannot come into play until Congress certifies that no candidate has a majority of Electors appointed.
This is an honest and realistic assessment -including the part about Pence. I dont know where Pence goes from here but he is not about to make some wacky move.
“First of all, all four GOP Legislatures (PA, WI, GA, MI) have accepted Biden as President-Elect.”
Easy. One Congressman and one Senator agree to contest due to the unreliability of the vote counts and failure to follow the Constitutional mandate of manner of selection being determined by state legislatures. Next.
“ruling by Pence (and I do not think he would rule for Trump)”
Of course he will. There are good reasons to contest the selection of electors in PA, WI, GA, MI, and maybe elsewhere.
“will be appealed to the floor where the Democrats have a majority”
You have more knowledge and experience in the procedures, but I would expect that this would require Pence to accept the appeal. He will have the gavel, right?
What are the ramifications of not following the rules of order? Has the Supreme Court EVER interjected itself into procedural matters here?
“The one-state one vote rule in the House cannot come into play until Congress certifies that no candidate has a majority of Electors appointed.”
I think it is the opposite. We are looking at a scenario in which certification does NOT happen.
Relevant wording of the 12th amendment:
“and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice.”
If any path leads to no candidate getting 270 electoral votes by the deadline, the House MUST vote. Looks like it is Pence’s call. The language says, “House of Representatives shall choose immediately”. I’m assuming that Pence presides. Correct me if I’m wrong.