They can’t do that. 12th amendment specifies the “ President of the Senate“ and Article one assigns that title to the VP. Since there is no vacancy in that office, only Pence can preside.
My reading is that Pence’s role is largely ceremonial, he cannot act independently like so many are pushing for. Since there do not seem to be any state certified competing slates, and no court intervention, this looks like a done deal for Biden. There will not be majorities to reject AZ, PA, GA, etc. The objections will be a footnote in history but will put forth whatever facts exist about irregularities or illegalities. But these better be facts, not conspiracies and supposition.
POTUS has had two months to build his case and I am still waiting for the proverbial “smoking gun” that would tell me the Democrats didn’t just game the system with procedural changes and produce substantial low information mail ballot voters for their candidates.
I’ve seen the GA video, I am aware of PA ignoring Alito’s order, I am aware of other rule and procedural changes without legislative changes but is it enough? The courts, even a full panel of GOP judges including a Trump appointee, have found the president’s arguments wanting even when he was found to have standing.
It’s ridiculous to watch standing and laches apply when preelection cases are dismissed because they aren’t ripe. How can you not sue because the election isn’t certified but you also can’t sue because the election has been certified. It feels like that’s where some of this legal maneuvering is.
I do not doubt, in the absence of Covid and the cover it gave for alterations in the normal course of elections, that Trump would have been re-elected. But here we are. If Pence attempted to set aside slates of electors by his own accord, I would expect him to be impeached and removed from office.
It seems highly improbable enough electoral votes would be successfully challenged to force the election to be decided by House state delegations.
We should not underestimate the cowardice of politicians, or judges at this point. It is not coincidental that the media and officials warned of potential civil unrest based on the results of the election. Notice that when it appeared the president was not reelected there was no unrest. In my mind the suggestion there could be unrest depending on the outcome was itself election interference
It doesn’t mean anything. The Dems can just bar Pence from entering the chamber and allow the the new Democrat President Pro Tempore preside in the preceding’s.