Gohmert appeals Pence lawsuit to SCOTUS

Rep. Louis Gohmert, R - Texas, and a group of Arizona electors filed a suit against Vice...
Rep. Louis Gohmert, R - Texas, and a group of Arizona electors filed a suit against Vice President Mike Pence regarding the election.(Source: CNN/pool)
Updated: Jan. 6, 2021 at 11:27 AM CST
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TYLER, Texas (KLTV) - Rep. Louie Gohmert (R-Tyler) wants the United States Supreme Court to review his lawsuit against Vice President Mike Pence, which was rejected by a federal judge upon submission and subsequent appeal last week.

Judge Jeremy Kernodle, a President Donald Trump-appointed district judge in Tyler, rejected the suit on Friday, Jan. 1 declaring a lack of subject matter jurisdiction in his order of dismissal. The suit was then sent to the 5th Circuit Court of Appeals, which dismissed it in short order, providing only a single paragraph opinion on Saturday evening.

Gohmert’s suit alleges that any action taken by Pence on Jan. 6 (today) to formally declare Joe Biden the winner of the 2020 presidential election will be fraudulent. The suit states “This civil action seeks an expedited declaratory judgment finding that the elector dispute resolution provisions in Section 15 of the Electoral Count Act, 3 U.S.C. §§ 5 and 15, are unconstitutional because these provisions violate the Electors Clause and the Twelfth Amendment of the U.S. Constitution.”

Undeterred by these dismissals, Gohmert has now appealed to the United States Supreme Court in the hope that they will summarily affirm that Vice President Pence, according to the wording of the appeal, “has the authority to conduct that proceeding as he sees fit. He 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.”

However, complicating Gohmert’s appeal is the fact that Pence, on Wednesday afternoon just before a joint session of congress was called to order, issued a statement to congress directly contradicting the claims Gohmert makes regarding the powers of the vice president.

“As a student of history who loves the constitution and reveres its framers, I do not believe that the Founders of our country intended to invest the vice president with unilateral authority to decide which electoral votes should be counted during the joint session of congress, and no vice president in American history has ever asserted such authority,” Pence said in the statement. “Instead, vice presidents presiding over joint sessions have uniformly followed the Electoral Count Act, conducting the proceedings in an orderly manner even where the count resulted in the defeat of their party or their own candidacy.”

As of this writing, the joint session of congress is underway to begin proceedings to formally count the electoral votes and formalize President-elect Joe Biden’s win of the presidential election.

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