Could Kamala Harris resolve a dispute over competing electoral vote slates in the 2024 presidential election, perhaps choosing the slate supporting her own re-election as vice president? In a recent law review article in the Case Western Reserve Law Review, Professor John Yoo and Robert Delahunty argued that the vice president has a small, but significant, role in resolving such disputes (though not as great a role as Donald Trump or John Eastman claimed). Their article, while aligning with claims that had been made by other academics in the past, was quite controversial.
Notre Dame law professor Derek Muller responds to Yoo and Delahunty in the latest issue of the Case Western Reserve Law Review, explaining why their theory is wrong. Even if there had been competing slates of electors from individual states, the Vice President lacks the authority to resolve such disputes.
Here is how the article begins:
