The Supremes would have torpedoed a move by Pence in a heartbeat.
This discussion is moot.......
No, it's not. First, Pence chose not to act, even though the Constitution and law gave him the right.
Second, had Pence returned the questioned tallies to the states, regardless of the outcome he could have political life left in him. Now, Pence is politically DOA.
We will never know FOR SURE will we.