Wouldn’t that mean Biden is president?
"Acting president" pending certification of the election of a person who is eligible to be President by Congress.
I haven't done extensive work on this question myself. But some loose talk seems to assume that although the succession issue is clear when you have the election and the President dies before assuming office, it neglects to provide that the VP succeeds when he has been certified but Congress has not yet acted to certify an eligible person as President.
The Amendment then continues to provide that the VP is Acting President pending certification of the eligible person. If you have no eligible persons who got electoral votes (and thus no two persons from whom to choose), lawyers further seem to think that implies the power in Congress to adopt a procedure for electing the ultimate president.
Or, Joe could presumably (again not a subject I have researched and maybe the answer is otherwise) appoint a justice himself as Acting President.
They won't do that because to do so would amount to a concession that Barack is not President. So at least as to Sonya, she affords the perfect target on which to resolve the eligibility-born in Kenya issue. If Barack acts to appoint a successor for Stevens, that person would be a second target. An opportunity to get the court down to seven members of which four are conservatives.
and your point is what? You think Biden is worse than Obongo? Are you nuts? Biden is an idiot but he’s no America hating, lover of Islam, Marxist Chicago lowlife trashy thug.