[EL] What if election is still tied up in court somehow on Jan 20?

[Marty Lederman]

Yes, it'd be Nancy Pelosi--unless the Court were to hold that the
Presidential Succession Act is unconstitutional insofar as it prescribes
congressional members in the line of succession.  (I don't think the
argument against its constitutionality is compelling, but others disagree.)

More likely, I think, that the Court would resolve any Senate/House split
before January 20, much as it would prefer not to do so.

On Thu, Sep 10, 2020 at 2:44 PM Stephanie Singer <
sfsinger at campaignscientific.com> wrote:

> I’ve heard — from an unreliable source — that if the election is still
> tied up in court on Jan 20, 2021, then there will be a vacancy in both
> Presidential and Vice Presidential offices, which means that (per the Presidential
> Succession Act
> <https://www.senate.gov/artandhistory/history/minute/Presidential_Succession_Act.htm>) the
> Speaker of the House would serve as President until the vacancy was
> resolved.
>
> I’d love to know from the experts whether this is a conceivable scenario
> and, if so, the Speaker of which House -- the newly elected House? And if
> so, what if some of the election contests for the new House are still tied
> up in court?
>
> —Stephanie
>
>
> Stephanie Singer <https://www.pdx.edu/profile/stephanie-singer>
> Research Assistant Professor, Portland State University
> Former Chair, Philadelphia County Board of Elections
>
>
>
>
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-- 
Marty Lederman
Georgetown University Law Center
600 New Jersey Avenue, NW
Washington, DC 20001
202-662-9937
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