Ayyyeee… What’s Goodie Everyone. So I have some tea and it involves A federal judge and a lawsuit to drop Joe Biden’s electoral count.
A federal judge in Texas dismissed a lawsuit by Representative Louie Gohmert (R.TX) that sought to overturn the presidential election. The federal judge stating that neither the congressman nor his allies have legal standing to pursue the case. The judge’s Friday night ruling tosses out a far fetched theory to challenge the formal mechanism by which President elect Joe Biden will be affirmed as the winner of the race for president.
U.S. District Judge Jeremy D. Kernodle issued an order dismissing the case because, he found Gohmert nor his fellow plaintiffs have a sufficient legal stake in the process to justify the lawsuit. Kernodle was nominated to the federal bench by Trump. The judge’s ruling comes 12 hours after lawyers for Gohmert filed court papers arguing that Vice President Pence has far more power than the government claims to alter the outcome of the presidential election. Gohmert’s lawyers filed a notice of appeal later Friday night.
Gohmert claimed the vice president has the power to pick the next president during the formal recording of electoral college votes by Congress. Pence oversees that ceremony and, as president of the Senate, has the power to declare Biden electors in a handful of key states invalid and instead recognize electors supporting Trump, the filing contends. Pence “may count elector votes certified by a state’s executive, or he can prefer a competing slate of duly qualified electors. He may ignore all electors from a certain state. That is the power bestowed upon him by the Constitution,” according to the filing.
Gohmert and a number of Republicans in Arizona filed the suit in Texas. They argued that an 1887 law governing how Congress certifies presidential elections is unconstitutional, arguing that the Constitution gives the vice president discretion to determine which states electors are valid for choosing the president. While experts agree that 19th century law is vague and confusing, it has never before been challenged; it has been accepted by officials in both parties for more than 130 years as establishing a process in which voters choose electors who choose the president. This past year, 81 million voters supported Biden, earning him 306 electoral college votes to Trump’s 232.
Justice Department lawyer wrote in a filing Pence’s behalf that the case is “a walking legal contradiction,” because Gohmert has sued Pence seeking to give Pence more power. If Gohmert and his allies want to make such a claim, the Justice Department argued, they should sue Congress, not Pence. Lawyers for the House of Representatives also asked the judge to reject the Gohmert suit, arguing that it called for “a radical departure from our constitutional procedures and consistent legislative practices” and would “authorize the Vice President to ignore the will of the Nation’s voters.”
Kernodle wrote that previous court cases make clear that an individual member of Congress cannot sue for a harm supposedly done to the larger legislature. Additionally, the judge found, Gohmert’s claim of harm is a series of hypothetical scenarios stacked on top of each other, further undercutting any authority for the court to intervene.“Plaintiffs presuppose what the Vice President will do on January 6, which electoral votes the Vice President will count or reject from contested states, whether a Representative and a Senator will object under Section 15 of the Electoral Count Act, how each member of the House and Senate will vote on any such objections, and how each state delegation in the House would potentially vote under the Twelfth Amendment absent a majority electoral vote,” the judge wrote. “All that makes Congressman Gohmert’s alleged injury far too uncertain to support standing.”