Rep. Louie Gohmert (R-Texas) and other plaintiffs seeking clarification on what power the vice president has during congressional sessions for counting electoral votes filed an appeal late Friday after a judge dismissed their case. District Judge Jeremy Kernodle, a Trump appointee, ruled earlier in the day that the plaintiffs in Gohmert v. Pence lack standing. Plaintiffs were seeking a court ruling that would uphold their view that the vice president has the “exclusive authority” to decide between competing slates of electors. They allege the Electoral Count Act of 1877 violates the Constitution because it restrains the vice president’s authority. Vice President Mike Pence and Democrats aligned in asking the court to reject the suit, because, they argued among other reasons, it named the wrong defendant. According to a notice filed with the court, the plaintiffs shortly before midnight filed an appeal with the U.S. Court of Appeals for the Fifth …
Gohmert Appeals Dismissal of Lawsuit Seeking Clarification on Pence’s Role
January 2, 2021
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