“I’ve read Judge Land’s opinion and that is just what it seems- an opinion without basis. I don’t see it tied to material fact and even the fudge words of ‘congress is APPARENTLY satisfied’. Of course, Cheney DIDN’T ask for objections, even though one person was waving their hand like Horshack on ‘Welcome Back Carter’. ‘APPARENTLY’ is quite disingenuously accurate.”
Anybody in the joint session of Congress waving their hand wildly can simply yell out “point of order” and that immediately suspends business as usual. No member of Congress asked for a point of order and if someone was waving their hand instead of informing the Vice President in advance that they wanted to be recognized is a really dumb member of Congress.
In 2004, a black congresswoman from Ohio, Stephanie Tubbs-Jones had an objection along with Senator Barbara Boxer. Congresswoman Tubbs-Jones let Vice President Cheney know that she was going to stand up to object to the certification of Ohio’s electoral votes and Cheney immediately recognized her when the count got to Ohio. Since all Congressmen and women are seated during the Joint Session, anyone who stands up gets recognized.
There is a youtube video available of Congresswoman Tubbs-Jones lodging her objection.
I understand and agree with your point about an objection...but, from what I read, for the Presidential session [what ever that is called] there is a formal bit that is to be read by the VP/Senate President Pro-tem [?] Sorry- read this a long time ago, and PTA Parliamentary Procedure does not cover this!!
Youtube has video of Cheney reading this formal objection request in ‘04... and nothing said in ‘08. So even if a member could call point of order with an objection, the VP’s duty is clear. Also, if you watch the video [sorry no link handy] it was a lickety split process. Truthfully, the time for a stunned member to realize the wave wasn’t working and Cheney striking the gavel was very, very quick.