@BradMossEsq They're kind of forced into this position, because 3 U.S.C § 15 establishes that the electors' vote certificates are conclusive, given that the electors were certified by all the governors before the safe-harbor date, December 8.
@BradMossEsq So they have to assert that § 15 is somehow invalid under the Twelfth Amendment.
@BradMossEsq And since they don't have the votes in either house of Congress to get their way, they have to eliminate Congress's role in counting the votes.
@BradMossEsq So they have to construe the Twelfth Amendment as not only invalidating the Electoral Count Act, they also have to construe that amendment as saying that only the Vice President gets to count the votes, which of course it doesn't say (it just says he gets to open the envelopes).
@BradMossEsq It's just nuts but you can see how they got there.
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