a) The House has full authority to refuse to seat Kelly for any reason it wants to use, including that he's too stupid to come in out of the rain and would probably stand there with his mouth open until he drowned.The next Congress should not seat @MikeKellyPA if he thinks his own election is illegitimate. https://t.co/ksW306wh5z
— Rep. Eric Swalwell (@RepSwalwell) December 4, 2020
b) If Kelly won his case (unlikely as PA has already certified its vote count, in accordance with Federal statutes), the most that would happen is PA's electoral votes would not be counted, and that would (per the 12th Amendment) simply reduce the total electoral votes available from 538 to 518, and Biden would only need 260 to win. Oh, and all of PA would be disenfranchised from the national election. Local elections, too (which is why it won't happen; again.)
c) If Kelly won his case, he would also be out of office, as he would have sawn off the tree limb he was sitting on. I suppose he'd be fine, as long as he didn't look down (he must be a cartoon character to be this dumb, right?)
d) Kelly is not going to win his case:
He might as well withdraw it again.Pennsylvania has already certified its electors, and the timing of Alito’s order means #SCOTUS wouldn’t even be able to act on this nonsense before the federal safe-harbor deadline—which is December 8.
— Steve Vladeck (@steve_vladeck) December 4, 2020
Pretty clever of Justice Alito—and also a clear sign that this has no chance. https://t.co/PF00YtrjNv
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