The Atlantic

America Is Nearing the End of Law

Trump’s allies are not making good-faith arguments within America’s legal system. Rather, this is a challenge <em>to</em> the legal system.
Source: Getty / The Atlantic

Today, members of the House of Representatives and the Senate will meet in a special joint session for the final official stage of the 2020 presidential election: the counting of the electoral votes. In any remotely normal election, this moment would pass with little notice, a mere formality. But not so this year, because Donald Trump and his allies in Congress refuse to accept that he lost the election.

Led by Louie Gohmert of Texas in the House and Josh Hawley of Missouri in the Senate, a Trumpist faction has announced that they will challenge the electors from key swing states. They do not have the votes to prevail in either chamber of Congress, but no matter, for they say the sole constitutional authority to resolve these controversies rests with the vice president. If Trump, Gohmert, and Hawley have their way, Vice President Mike Pence will unilaterally throw out the Biden electors from these states, recognize the Trump electors instead,

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