[Alberta's Child]

A more likely scenario would be Roberts writing an opinion that it was up to CONGRESS (not the VP) to send the certifications back to the states.

That ruling would be more legally sound, but I'm not even sure if that's the correct ruling. If it were up to me, I'd simply note that the 12th Amendment and the related Federal law in place right now give Congress the authority to address the substance of the fraud allegations right there on the spot at the January 6th certification. Congress would then have the option of certifying Biden's electors, certifying Trump's electors, or certifying NO electors from a state that couldn't get its act together and submit valid electors.

I would also point out that Congress can only do these things if they have received notice of multiple slates of electors from the December 14th Electoral College certification process. Absent that, Congress has very little reason to "fix" a fraudulent set of electors from a state. The fraud should have been addressed, or at least recognized and documented by the State where it occurred, before the Electoral College vote.

[Political Junkie Too]

The fraud should have been addressed, or at least recognized and documented by the State where it occurred, before the Electoral College vote.

What do you when the fraud is committed by the very officials charged with overseeing the election?

We're not talking about the occasional invalid voter roll entry or the person who voted in a home state and vacation state.

We're talking about election officials who 1) kicked out Republican observers, 2) said that counting stopped for the night but then kept on counting after everyone else went home, 3) blocked forensic reviews of the machines and ballots, 4) used their authority to stall attempts to review videos of officials running stacks of ballots through counting machines multiple times, 5) coordinated with officials in other states on the release of vote counts in the middle of the night, and 6) denied all of this until after the safe harbor date had passed.

-PJ

[Dr. Franklin]

A more likely scenario would be Roberts writing an opinion that it was up to CONGRESS (not the VP) to send the certifications back to the states.

Well Roberts certainly doesn't think it's his responsibility to guarantee a Republican form of government like it says in the Constitution. We should expect that he will continue to obstruct that Prime Directive. In fact, the V.P. and Congress BOTH had that duty, and either could have raised the issue of the overwhelming election fraud.

If it were up to me, I'd simply note that the 12th Amendment and the related Federal law in place right now give Congress the authority to address the substance of the fraud allegations right there on the spot at the January 6th certification. Congress would then have the option of certifying Biden's electors, certifying Trump's electors, or certifying NO electors from a state that couldn't get its act together and submit valid electors.

It's the kind of political question that SCOTUS usually doesn't like to handle. The most practical option was to kick it back to the state legislatures to ratify or reject the governors' certifications. That needed to have been done ASAP. Thus Pence needed to have done that quickly.

I would also point out that Congress can only do these things if they have received notice of multiple slates of electors from the December 14th Electoral College certification process. Absent that, Congress has very little reason to "fix" a fraudulent set of electors from a state. The fraud should have been addressed, or at least recognized and documented by the State where it occurred, before the Electoral College vote.

Returning to my original point, Congress has the power to subpoena the ballots for the Congressional elections. In certain key states, the Senate elections were also likely affected by the fraud as well, AZ, GA, and MI come to mind. Yet, the issue of the fraud in those races was not raised in the Senate. It's strange. If Congress were to obtain those ballots, it would show any fraud in the presidential race as well. Congress also has the right to audit those those ballots.