Texas Judge Dismisses Lawsuit Aimed at Overturning Election
Washington – A federal judge last Friday dismissed a last-gasp lawsuit led by a House Republican that aimed to give Vice President Mike Pence the power to overturn the results of the presidential election won by Joe Biden when Congress formally counts the Electoral College votes today.
Pence, as president of the Senate, will oversee the Wednesday joint session and declare the winner of the White House race. The Electoral College has cemented Biden’s 306-232 victory, and multiple legal efforts by President Donald Trump’s campaign to challenge the results have failed.
The suit named Pence, who has a largely ceremonial role in next week’s proceedings, as the defendant and asked the court to throw out the 1887 law that spells out how Congress handles the vote counting. It asserted that the vice president “may exercise the exclusive authority and sole discretion in determining which electoral votes to count for a given State.”
In dismissing the lawsuit filed by Rep. Louie Gohmert, R-Texas, and a group of Republican electors from Arizona, Texas U.S. District Judge Jeremy Kernodle, a Trump appointee, wrote that the plaintiffs “allege an injury that is not fairly traceable” to Pence, “and is unlikely to be redressed by the requested relief.”
The Justice Department represented Pence in a case that aimed to find a way to keep his boss, President Donald Trump, in power. In a court filing in Texas last Thursday, the department said the plaintiffs “have sued the wrong defendant” – if, in fact, any of those suing actually have “a judicially cognizable claim.”
The department said, in effect, that the suit objects to long-standing procedures laid out in law, “not any actions that Vice President Pence has taken,” so he should not be the target of the suit.
“A suit to establish that the Vice President has discretion over the count, filed against the Vice President, is a walking legal contradiction,” the department argued.
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