Texas Republican legislature is suing Vice President Pence to attempt to beat Biden’s election victory
Rep. Louie Gohmert, a Republican from Texas, hopes to give Vice President Pence sole power to hold the 2020 election.
A Texas Republican official signed on to an unusual long-term lawsuit to oust Joe Biden’s election victory – by suing Vice President Michael Pence.
According to CNBC, the lawsuit was filed earlier this week by Texas Rep. Louie Gohmert along with eleven Arizona residents who were nominated to vote for that state’s Republican Party.
According to CNBC, the case comes just a week before Vice President Pence is due to oversee a joint congressional session where the electoral college’s votes are counted and finalized. While voters have already cast their ballots – Biden over President Donald Trump (306-232) – some die-hard Trump supporters believe they can still get victory from the jaws of a resounding defeat.
To this end, Gohmert and the Arizona voters have asked Federal Judge Jeremy Kernodle – himself a Trump appointee – to decide whether Pence has “exclusive power and discretion” to determine which votes from which states are responsible for the election results 2020 should be credited.
President Donald Trump on a video call in 2017. Pictured above: (Official White House photo by Shealah Craighead). Public domain.
CNBC notes that some pro-Trump voters “symbolically cast their own ballots.” However, political experts have found that such symbolism has no legal weight.
In fact, the lawsuit seeks to force Pence to acknowledge that he may have the power to boost elections in Trump’s favor.
“The Constitution expressly designates the Defendant Pence as the person who decides which group of voters or neither to count,” Gohmert wrote in the lawsuit.
Gohmert’s complaint echoed far-fetched conspiracy theories, some of which claimed that “public reports” in several battlefield states “highlighted widespread electoral fraud”.
However, like the many others that have tried to save Trump’s presidency, Gohmert’s lawsuit has little legal status. Edward Foley, professor and director of the franchise program at Ohio State University, said Gohmert’s interpretation of the Constitution was flawed in that it would create an obvious conflict of interest for any vice president.
“I would think the court would be quick to reject it because the idea that the vice president can control a state’s vote counting is inconsistent with the intent of the relevant constitutional law,” Foley told Bloomberg.com. “That kind of selfish power is not what you imagined.”
Even so, there’s a good chance Gohmert won’t be the only Republican in Congress spreading conspiracy theories in January. President Trump himself has refused to publicly admit defeat and has even attacked conservative lawmakers for not doing enough to save.
Some House Republicans have said they will publicly oppose the election of the electoral college on January 6th. However, Senate Majority Leader Mitch McConnell (R-KY) has urged members of his caucus not to interfere in the process.
The Congressman and other Republicans are suing Vice President Pence in a final attempt to overthrow Biden’s victory
Pence sued by GOP Congressman over competing voters
Trump supporters file a lawsuit against Mike Pence
Why are these GOP leaders suing Mike Pence? To try, of course, to overturn the election