This is the House Republicans, asking the courts to tell a Republican Vice President, how to make a decision regarding the legislature before the legislature acts. That violates separation of powers issue.
Also, look at it this way, the real issue is between the Democrats and Republicans in the house, not between the House Republicans and the Vice President. If you have a dispute with your neighbor, you and your spouse can't sue each other to get a ruling against your neighbor.
That’s wrong in almost every aspect.
First, the Constitution doesn’t recognize political parties. They have no role at all in the process. The actors that matter, are those defined in the Constitution.
In the counting of electors votes, the Congress, and the President of the Senate as a part of the Congress (defined under Article One of the Constitution), is not the responsible party.
Instead, the Vice President acting as the Executive Branch in conducting the vote... as is directed in Article TWO... is the SOLE authority the Constitution DIRECTS will be responsible. Congress doesn’t have ANY role or Power specified under Article Two... other than being required to be present.
There is ALSO a role for the VP... as President of the Senate, allowing him to break ties in Senate votes... which responsibility is NOT disabled by his parallel responsibilities under Article TWO... as some here have claimed. Article Two... doesn’t disrupt Article One powers.
Yours also wrong in how it casts the issue... it is not House Republicans directing “how to make” a decision. It is those filing the action seeking a ruling on the proper definition of the RESPONSIBILITY for making a decision.
Pence is trying to pretend he’s not responsible... when he is... because he’s a coward who wants to pretend he’s powerless to do the job that is required of him. He’s seeking to surrender the SOLE RESPONSIBILITY the Constitution charges and entrusts to him... to others.
The court SHOULD rule... that power cannot be delegated.