Reply #14: Nope. [View All]

First of all, the election results from New Jersey have already been certified, thus the electors have been chosen, thus what Donofrio is requesting is an overturning of a certified election result. The electors will meet on December 15th to vote, that's true.

Regardless of the vote by the electors, the Congress certifies the results on January 6 in a joint session. Constitutionally, the Congress does not have to accept the results of the Electoral College if objection is made and passed by both houses (3 U.S.C. 15).

so even if the SCOTUS decides to stay the Electoral College election, the Congress can act independently on January 6. In fact, the SCOTUS could declare Barack Obama ineligible and not a "natural born citizen" and the Congress could still make him president on January 6 because the sole determination under the constitution to determihne eligibility resides first with the states in how they choose electors and then with the Congress in how they certify the results of the Electoral College. The SCOTUS can say anything it wants, it carries no weight whatsoever under the constitution.