Ramesh Ponnuru at the National Review:

In early January, constitutional scholar John Eastman was urging Vice President Mike Pence to act to keep President Donald Trump in office for a second term, even though the Electoral College had determined weeks earlier that Joe Biden had defeated him. Eastman has now given the public the memo laying out what Pence was being asked to do, and why.

Eastman argued that the Constitution gives the vice president the authority to determine how to resolve any conflicts when states send dueling slates of electors, and to disregard any statute that says otherwise. Thus Pence would be on solid ground in throwing out Biden’s victories in seven states, with the result that Trump would be declared the victor. There are two main objections to Eastman’s view: The Constitution gives no such power to the vice president, and even if it did, the states had not sent dueling slates of electors….