Cass R. Sunstein, Columnist

Vice President Pence Can Preside But Not Decide

When Congress counts electoral votes on Wednesday, he can play no more than a ceremonial role. That’s the law.

January 4, 2021 at 3:20 PM UTC

Cass R. Sunstein is a former Bloomberg Opinion columnist. He is the author of “The Cost-Benefit Revolution” and a co-author of “Nudge: Improving Decisions About Health, Wealth and Happiness.”

At least there’s a nifty seal.
Photographer: Nicholas Kamm/AFP via Getty Images

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Since the presidential election on Nov. 2, the rule of law has held.

That is one of the most noteworthy, and inspiring, developments in the entire history of U.S. law. Whether they were appointed by Presidents Donald Trump or Barack Obama, by Presidents Bill Clinton or George W. Bush, federal judges have shown fidelity to the law by rejecting frivolous and evidence-free efforts by Trump to overturn former Vice President Joe Biden’s victory.