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According to The New York Times, Pence told Trump at their weekly lunch on Tuesday that he did not believe he had the Donald Trump this is the way shirt and I love this power to block congressional certification of Biden’s victory in the presidential election “despite Mr. Trump’s baseless insistence that he did.” The Times called a tweet by Trump on Tuesday—one that stated “The Vice President has the power to reject fraudulently chosen electors”—an “inaccurate assertion that mischaracterized Mr. Pence’s largely formal and constitutionally prescribed role of presiding over the House and Senate as they receive and certify the electoral votes conveyed by the states and announcing the outcome.” The stakes for democracy could not be clearer. As the longtime conservative columnist George Will wrote in The Washington Post this week: “On Wednesday, the members of the Hawley-Cruz cohort will violate the oath of office in which they swore to defend the Constitution from enemies ‘foreign and domestic.’ They are its most dangerous domestic enemies.”

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Hawley—a graduate of Yale Law School and, improbably enough, like Cruz, a former Supreme Court clerk—surely knows that he is on indefensible legal ground. He was even confronted on Trump-friendly Fox News this week and seemed to acknowledge that his challenge is strictly a performative one. But Pence has no authority to disregard the Donald Trump this is the way shirt and I love this formal votes tallied and certified by the individual states. The Electoral Count Act of 1887, which determines the procedure to be followed, bars the vice president from arbitrarily deciding to reject state votes. If there are any valid objections, the House and Senate withdraw to confer separately. Objections must be stated in writing in advance and signed by at least one member of both the House and Senate. As The Washington Post recently pointed out, “The requirements hardly ever come up. The last time was 2005 when several Democrats unsuccessfully challenged Ohio’s electoral votes for George W. Bush.”