U.S. Rep. Louie Gohmert speaks during a House Judiciary Committee hearing on June 24, 2020.
On Saturday (Jan. 2), the U.S. Court of Appeals dismissed a lawsuit filed by Texas Rep. Louie Gohmert (R-Texas) and other Republicans, upholding a lower court’s ruling Friday dismissing the case. The lawsuit sought clarification on whether Vice President Mike Pence has the authority to decide the legality of electoral votes in disputed states in a joint session of Congress.
In an unsigned decision Saturday, a three-judge panel of the 5th U.S. Circuit Court of Appeals affirmed a lower court’s decision to dismiss the lawsuit filed by Gohmert and others, according to The Epoch Times. The lawsuit seeks to prevent Democratic presidential candidate Joe Biden from being declared the winner of the election on Jan. 6 until a large number of allegations of election irregularities and fraud are resolved transparently and independently.
On Friday, federal Judge Jeremy Kernodle issued a ruling dismissing Gohmert’s suit on the grounds that the case lacked subject matter jurisdiction and that the plaintiff’s alleged injuries were not traceable to defendant Pence. In response, Gohmert said he would appeal.
In his ruling, Kenold said, “Plaintiff Gohmert is a U.S. Representative from Texas’ First Congressional District, and to a large extent he alleges institutional harm in the House of Representatives. This is insufficient to support (the plaintiff’s) standing under the Supreme Court’s limited authority.”
In response to the ruling given by the judge, Gohmert told the Washington Examiner on Friday night that his attorneys are preparing to file an appeal.
Gohmert filed the lawsuit in the Eastern District of Texas on Dec. 28 last year, and while the defendant in the case is Pence, the main purpose of the lawsuit is to ask the court to give Pence “exclusive authority” to decide which Electoral College votes should be counted in a joint session of the House and Senate on Jan. 6.
So far, at least 40 Republican House members are planning to challenge the electoral votes submitted by several states suspected of massive fraud in a joint session of Congress on the 6th; 12 Senators have also formally indicated that they will launch such a challenge in the Senate.
Last December 14, in Wisconsin, Michigan, Georgia, Pennsylvania, Arizona, Nevada and New Mexico, the government departments cast their electoral votes at the same time, the seven state legislature Republicans also formed a new electoral team, respectively, voted “alternative electoral votes”, because these states in the general election there are a variety of serious violations of the Constitution or suspected of large-scale fraud.
If the challenge launched by Republicans in Congress on January 6 is successful, it would mean that a total of 84 electoral votes held by these states would be invalidated and the outcome of the presidential election could change.
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