Of course.
Do you doubt, for a minute, that the special Joint Session of Congress on January 3, 2001, assembled for the very purpose of resolving such conflicts, would have so ruled?
Probably it would have, just as the House did impeach Clinton (and then the Senate displayed total cowardice and lack of leadership) but, nonetheless, it was one of those actual triumphs of the Rule of Law that are all too rare.
We shall see if we shall have another.
My guess is there will be one success in order to appear to be upholding the Constitution and to placate Justice Thomas and then it will be undermined by the media, judges lower down who are quite willing to prostitute themselves and the remenants of the Kennedy damage control machine. Ersatatz Republicans will assist in the undermining. It will be interesting, if there is an initial victory, to see what John McCain will say and do. Let’s see if he takes the oath he swore seriously.