While enticing, the legal argument that she can’t just doesn’t hold water.
NRPLUS MEMBER ARTICLE I t is always tempting to solve a political problem with a novel constitutional argument.
In September 2020, grasping at any straw he could to stop Amy Coney Barrett’s nomination, Laurence Tribe argued that Mike Pence could not cast a tie-breaking vote if three of the Senate’s 53 Republicans voted no. Tribe cited a 2018 student-law-review note by Samuel Morse (not the inventor of the telegraph) and a 2018 blog post by attorney John Langford. (It should set off alarm bells that both of those sources date from the Trump presidency.)