Published August 30, 2022
Newsweek reported on former President Trump’s claim that the government can overturn an election and quoted James Gardner, who said, “There is no possibility of a federal court overruling the decision of Congress. That's because the identification of the winner of the Electoral College vote is a 'political question,' meaning in this case that the authority to make a final decision is expressly allocated by the Constitution to an actor other than the courts—Congress—and the federal courts thus have no authority to review it."
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