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Notes -
Regrettably, it hasn't. The first Eastman memo said that Pence should declare the Election Count Act unconstitutional and ignore it. The second Eastman memo offered a range of options, including ones where Pence ignored the ECA (and Trump wins, possibly after the election is thrown into the House because the contested states' electoral votes are treated as "spoiled") and ones where Pence tries to follow the ECA (and Trump almost certainly loses).
Various other commentators suggested that Pence could exploit the ambiguous drafting of the old ECA to weasel out a victory, but Eastman wargames those out and concludes that they don't work. So the first choice legal theory for a Pence coup was always that the ECA is unconstitutional (either because the Constitution assigns the authority to count electoral votes to the VP, or because the Constitution requires that all challenges be resolved in joint session without the two houses separating).
In other words, if Gavin Newsome beats VP Ramaswamy in the 2028 presidential election and Trump and Ramaswamy cry foul like they did in 2020, then the most likely scenario is that Ramaswamy gavels in the joint session, announces that he considers the Electoral Count Reform and Presidential Transition Improvement Act of 2022 unconstitutional and accordingly that he is obliged to ignore it, and then counts the electoral votes in a way which allows him to declare himself elected.
If Eastman is right (either that the ECA is unconstitutional, or that there is no effective way of challenging a VP who says it is), then the problem requires a constitutional amendment to fix. If Eastman is wrong, then the problem probably never existed in the first place.
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