“The alleged violation of Congressman Gohmert requires a series of hypothetical – but by no means certain – events,” the judge wrote his 13-page verdict was passed on Friday evening. Plaintiffs assume what the Vice President will do on January 6, what votes the Vice President will count or reject from the disputed states, whether a Representative and a Senator object under Section 15 of the Electoral Census Act, as does each member of the House and the Senate will vote on such objections and how any state delegation in the House would potentially vote without a majority vote after the twelfth amendment. “
“All of this makes the alleged violation of Congressman Gohmert far too uncertain to support standing under the Constitution,” added Kernodle.
Kernodle’s decision did not fully slam the possibility that Gohmert or the potential voters might find relief in court. The judge dismissed the case unscathed, which meant that Gohmert’s attorneys could attempt to reformulate the lawsuit so that it passes legal examination. Gohmert, who filed the lawsuit on Sunday, asked Kernodle for a final decision by January 4th to allow time for possible appeals.
Gohmert’s attorneys have already indicated that they could try to name the US government, House and Senate, or members of parliament on these bodies as defendants. However, it is unclear whether these changes would satisfy the judge, and time is running out for relief before the January 6th census scheduled.
Kernodle said Gohmert failed to stand after a 1997 Supreme Court ruling that individual lawmakers were not entitled to challenge a veto power congress passed a year earlier. The judge’s New Year’s Day decision said that the potential voters were also lacking in prestige, as the damage they claimed was not actually attributable to pence, but rather to Governor Doug Ducey (R-Ariz.), Biden’s constituent as its confirmed state winners. These voters cast their formal votes on December 14th.
Although the twelfth amendment to the constitution requires Pence to lead the January 6th session as vice president, his specific powers are set out in the Electoral Count Act of 1887. Pence is required to alphabetize voters by state, and sets out a process for House members and Senators to challenge controversial voters.
Under the Electoral Count Act, that challenge would be resolved through separate House and Senate votes – and in the case of the 2020 elections, those challenges would effectively be doomed. The majority in the Democratic House would certainly oppose them, and many Senate Republicans have recognized that Biden is the clear winner of the competition.
According to Gohmert’s theory, if Pence refused to accept enough votes to bring one of the candidates above the 270-vote threshold, the election would be in the Twelfth Amendment, also according to a procedure that gives the state delegations a single vote Thrown house. That wording would favor Republicans, who are in the minority of the House but control more state delegations than Democrats.
Pence, represented by lawyers from the Justice Department, on Thursday urged the court Reject Gohmert’s lawsuit against him, arguing that his battle is with the House and Senate rather than the Vice President. Pence failed to provide his own view of his power as chairman on Jan. 6, and he hasn’t indicated whether he intends to introduce the unofficial voter lists that Trump allies allegedly cast to compete with the certified lists submitted in states like Arizona, Michigan, Wisconsin, and Georgia.
The house submitted its own, more detailed briefDismantling Gohmert’s efforts as an unconstitutional and barely veiled effort to override the democratic result of the 2020 elections. The House argued that the authors never envisaged a process that would enable a seated vice-president – often, as in this case, an actual candidate for election to the electoral college – to unilaterally decide which voters should be counted.