“My guess is the USSC will rule that Leo DoNofrio’s suit, while it has legal merit, is now moot. They will also publicly declare that responsibility for qualifying Obama rests with Congress, when they count the electoral votes in January. If one member of the House and one member of the Senate object to Obama’s votes being counted, there will have to be an up or down vote in January 2009 on the question of his being a qualified natural-born citizen. Will Nancy and Harry save Barack? Stay tuned! Once it comes to a public vote, they may just possibly prefer Joe Biden.”
Per the 12th Amendment, the House CANNOT vote for Biden - only those others who received EC votes for POTUS ...
The EC voters would have to INITIALLY vote for Biden to keep it out of the House ... which (theoretically) they COULD do.
However, once in the House - they are bound by the 12th Amendment ...
See Post #196 ...
“the House CANNOT vote for Biden”
If the electoral votes for Barry aren’t counted, VP Biden will become acting POTUS on January 20th, unless the House of Representatives elects someone else President. Postulating one or more faithless Democratic electors who don’t vote for Obama on December 15th, that someone else could be Hillary or Joe or ... Or the House could simply leave the office of President vacant (some claim not), in which case Joe Biden would be the acting POTUS under the clear language of the 20th amendment.
And if all 365 Obama electors vote for Biden then the 12th Amendment no longer applies, does it? So the House doesn't even enter into the picture.