A federal judge dismissed U.S. Rep. Louie Gohmert’s (R-Tyler) challenge of the Electoral Count Act’s constitutionality because he and other plaintiffs lack standing. The ruling did not address any merits of the suit.
Gohmert “alleges at most an institutional injury to the House of Representatives,” wrote U.S. District Judge Jeremy Kernodle, an appointee of President Trump. Other plaintiffs “allege an injury that is not fairly traceable to the defendant, the Vice President of the United States, and is unlikely to be redressed by the requested relief.”
Gohmert and Arizona’s Republican “electors” filed suit seeking to have the court declare the Electoral Count Act unconstitutional and recognize Pence as having sole authority to determine which electoral votes shall be counted.
Yesterday (Thursday), acting on behalf of Pence, the Justice Department said in a legal filing that the suit filed against him “is not a proper vehicle for addressing” the constitutional issues raised around Pence’s role in counting electoral votes because “plaintiffs sued the wrong defendant.” The suit should have been directed toward the U.S. House and Senate.
“A suit to establish that the Vice President has discretion over the count, filed against the Vice President, is a walking legal contradiction,” said the government.
Gohmert appeared undeterred.
— Louie Gohmert (@replouiegohmert) January 2, 2021
The “important update” was the filing of an appeal with the Fifth Circuit.
HD68 special: Monday is the deadline for candidates to file for the January 23 special election to fill the unexpired House term of Sen.-elect Drew Springer (R-Muenster). Cooke County Judge Jason Brinkley (R) filed yesterday (Thursday), joining Jacksboro financial planner John Berry, a former Jack County Commissioner, and Nocona boot manufacturer Craig Carter as official candidates. Jacksboro ISD trustee David Spiller (R) has previously announced his candidacy.
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