More correctly put, there's nothing that allows him to take such actions (The President of the Senate is not elevated to diktator by the language of the 12th Amendment.) The Presidency will never be in Pence's hands. The election of the President is never in the hands of any one person, period.
At that moment, the Presidency will be in his hands.— Rasmussen Reports (@Rasmussen_Poll) December 27, 2020
And there is nothing stopping Pence, under the (plenary and unappealable) authority vested in him as President of the Senate, from declining to open and count the certificates from the six disputed states.
2/ The 12th Amendment merely designates the President of the Senate (the VP) to "open all the certificates." But then uses the passive voice: "the votes shall then be counted."— Jed Shugerman (@jedshug) December 25, 2020
Implicitly, Congress does the counting.
The Electoral Count Act is more detailed on the count process.
4/ Here is the Electoral Count Act, laying out the process for counting the Electoral College votes and any disputes. Note that the president of the Senate (the VP) has no speical role in resolving any dispute.https://t.co/O7ns17irty— Jed Shugerman (@jedshug) December 25, 2020
6/ The Senate isn't going to reject any slate either.— Jed Shugerman (@jedshug) December 25, 2020
"But if the two Houses shall disagree...the votes of the electors whose appointment shall have been certified by the executive of the State...shall be counted." 3 USC 15
Governors already certified the Biden win, 306-232.
This lawsuit also argues Pence has unprecedented authority under the 12th Amendment.
8/ Bottom line:— Jed Shugerman (@jedshug) December 25, 2020
There is no secret legal maneuver left to stop a Biden presidency.
Pence & McConnell understand these rules & are in an awkward political position of their own sad making.
Any drama before or on Jan 6 will be merely a pathetic show of Trump loyalty/cowardice.
Nope. "President of the Senate" is a title, not a formal Constitutional office like President or Speaker of the House. The President of the Senate has a procedural role, not a substantive one. That role does not include telling the Congress how to vote on electoral college tallies.
We are now watching people who call themselves conservatives argue that vice presidents should have unilateral power to decide presidential elections. https://t.co/ajqYE9ex9H— Jonathan Swan (@jonathanvswan) December 28, 2020
There have been four elections in which the sitting Vice President ran for President—and lost:— Steve Vladeck (@steve_vladeck) December 28, 2020
I guess they didn’t realize that they could just declare themselves the victors when the electoral votes were counted...