You can always count on Louie Gohmert to find the stupidest thing possible to do.
Vice President Pence was sued Sunday by Rep. Louie Gohmert (R-Texas) and several other Republicans in a far-fetched bid that appeared aimed at overturning President-elect Joe Biden’s election win.
The lawsuit focuses on Pence’s role in an upcoming Jan. 6 meeting of Congress to count states’ electoral votes and finalize Biden’s victory over President Trump. Typically, the vice president’s role in presiding over the meeting is a largely ceremonial one governed by an 1887 federal law known as the Electoral Count Act.
But the Republican lawsuit, which was filed against Pence in his official capacity as vice president, asks a federal judge in Texas to strike down the law as unconstitutional. The GOP plaintiffs go further: They ask the court to grant Pence the authority on Jan. 6 to effectively overturn Trump’s defeat in key battleground states.
Election law experts were dismissive of the lawsuit’s prospects for success.
“The idea that the Vice President has sole authority to determine whether or not to count electoral votes submitted by a state, or which of competing submissions to count, is inconsistent with a proper understanding of the Constitution,” said Edward Foley, a law professor at the Ohio State University.
Election law experts said there’s a strong possibility that U.S. District Judge Jeremy Kernodle, a Trump appointee, would find that Gohmert, Ward and the other Republican litigants lacked a legal right to sue.
“I’m not at all sure that the court will get to the merits of this lawsuit, given questions about the plaintiffs’ standing to bring this kind of claim, as well as other procedural obstacles,” Foley said.
Take that, Lance Gooden! Louie will show you what true fealty to Dear Leader looks like. In the spirit of not wasting your time any more than I already have, I will as tradition demands quote a couple of tweets from people who have some knowledge of the law and the constitution.
If the Twelfth Amendment somehow gave the Vice President the power to unilaterally throw out electoral votes for the other guy in favor of their own party (and even *themselves*), one might think that one of them would’ve noticed by now.
But I guess they were all just idiots…
— Steve Vladeck (@steve_vladeck) 11:22 AM – 28 December 2020
The chance that Judge Kernodle (ker-node-el) does anything but dispose of this ridiculous case ASAP is 0.
— Raffi Melkonian (@RMFifthCircuit) 10:16 AM – 28 December 2020
Rick Hasen has a copy of the complaint if for some reason you want to read it. Otherwise, you may safely resume ignoring Louie Gohmert, at least until the next time he unleashes some Kraken-level stupidity. Daily Kos has more.