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.
“The EC voters would have to INITIALLY vote for Biden to keep it out of the House ... which (theoretically) they COULD do.
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.”
Correct - the House component of the 12th Amendment would NOT be triggered.
That is, assuming SCOTUS determined that the original 365 electors voting the POTUS question could remain in place ...
BUT - SCOTUS MIGHT decide that some, if not all of the 365 electors were selected on the basis of Obama being on the ballot.
If they DQ’d Obama, what do they do about the electors that were selected on the basis of Obama ... WHO KNOWS - its the $64 K question.
If they DQ’d Obama’s 365 electors, I suspect the House would then come into play ...