A lawsuit filed by a Republican congressman against Vice President Mike Pence has been dismissed by a federal judge in Texas.
The attempt by Rep. Louie Gohmert and a group of other Republicans to give Pence more power to overturn the results of the 2020 presidential election failed to move forward in court Friday as Texas U.S. District Judge Jeremy Kernodle found that the plaintiffs in the case “allege an injury that is not fairly traceable” to the vice president.
The judge, nominated by President Donald Trump, found that neither the Texas GOP lawmaker nor the group of Arizona Republican electors who brought the suit had any legal standing in the effort. The lawsuit attempted to give Pence more authority when Congress formally meets next week to count the Electoral College votes giving Joe Biden the presidential victory.
“Because neither Congressman Gohmert nor the nominee-electors have standing here, the court is without subject matter jurisdiction to address” the lawsuit, Kernodle wrote in his ruling. “The court therefore dismisses the case without prejudice.”
🚨🏛️BREAKING: Judge DISMISSES Rep. Louie Gohmert’s (R) case against VP Pence pic.twitter.com/KNnTzz0cyT
— John Kruzel (@johnkruzel) January 2, 2021
Gohmert vehemently disagreed with the district court’s ruling and revealed he will be challenging it in the Fifth Circuit Court of Appeals, calling out the many courts – including the U.S. Supreme Court – for failing to even allow evidence to be heard on the many allegations of vote fraud.
“I believe in using the court system for the same reason that they were created … to resolve disputes,” he told Newsmax on Friday.
(Source: Newsmax TV)
“I still believe in that system,” he added, asserting that “people will come to the right conclusion” once they have been provided with the evidence. “If they do not, it will mean the end of our republic.”
As president of the Senate, Pence will perform his largely ceremonial role in overseeing the session on January 6, declaring the winner of the White House race. Pence asked a federal judge on Thursday to reject the bid by Gohmert seeking to declare the 1887 Electoral Count Act unconstitutional.
“The Vice President—the only defendant in this case—is ironically the very person whose power they seek to promote,” a Department of Justice attorney representing Pence wrote. “A suit to establish that the Vice President has discretion over the count, filed against the Vice President, is a walking legal contradiction.”
— Conservative News (@BIZPACReview) January 1, 2021
The law, established after the disputed presidential election of 1876, set procedures for counting electoral votes in Congress after presidential elections. According to Gohmert’s lawsuit, Pence would count the electoral votes under the authority of the 12th Amendment instead, hopefully handing the electoral win to Trump.
In dismissing Gohmert’s suit on Friday, Kernodle wrote that Gohmert “alleges at most an institutional injury to the House of Representatives. Under well-settled Supreme Court authority, that is insufficient to support standing.”
He added that the group of Arizona Republicans who are part of the case “allege an injury that is not fairly traceable to the Defendant, the Vice President of the United States, and is unlikely to be redressed by the requested relief.”
“If I don’t have standing, no one does,” Gohmert tweeted on Friday. “When no one ever has standing, what good is a court system?”
Meanwhile, at least 140 House Republicans – including Gohmert – are expected to vote against the vote certification next week.
U.S. Senator Josh Hawley announced that he would object to the certification of the election results, becoming the first GOP senator to openly join Republican House members and thereby force a debate and vote in both the chambers of Congress.
Senate Majority Leader Mitch McConnell, who has repeatedly called on GOP lawmakers not to be part of what he sees as a doomed effort to give Trump a second term, realized the Missouri congressman had skipped out on a conference call this week addressing the issue.
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