Phil and I spent several days rereading the principal judicial rulings in the election litigation. We walked through all the constitutional arguments, and reread the Federalist Papers that addressed these issues. None of this was a close call. Over a few days we compiled a 21-page memorandum that spelled it out succinctly. The simple conclusion: Congress does not have the authority to undo an election by refusing to count state-certified electoral votes. Period.
