Leader McConnell, Leading

Lessig
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As we approach the anniversary of the worst day in American democracy since shots were fired on Fort Sumter, we should recall, and keep in context, those who served us (and the US) well. We should especially recall the surprises.

Much has been made of Vice President Pence’s resolve in the face of pressure by the President to discard the legitimate electoral votes from Michigan, Pennsylvania, Arizona, and Georgia (e.g., “Pence Saved The Republic”). No doubt, his actions were important and importantly stabilizing.

But there was no way that Pence on his own could have changed anything. Any decision that he would have made would then have been subject to reversal by Congress. The Electoral Count Act has Congress vote by house. No doubt, the Democratic House would have voted to overturn Pence’s decision. The only real question was the Senate. Still controlled by Republicans, a decision by Pence to discard legitimate electoral votes would stand (in the sense of not being overturned) only if ratified by the Senate.

That depended on Mitch McConnell. And the striking fact we should not forget is how clearly and forcefully McConnell rejected any suggestion that the election could have been reversed.

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Lessig
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