Washington – Texas Republican Legislator Louie Gohmert has filed a lawsuit seeking a greater role for outgoing Vice President of the United States, Mike Pence, in determining the outcome of the November presidential election, which gave victory to Democrat Joe Biden, in a new strategy of the conservatives to prevent the progressive from being confirmed, local media reported on Monday.
The lawsuit, brought by US Rep. Gohmert and 11 other Republicans, requires a Texas federal judge, Jeremy Kernodle, appointed by outgoing President Donald Trump, to declare that Pence has “the sole authority and discretion” to decide what Electoral votes from certain states should be counted to proclaim the victory of a candidate.
The Electoral College confirmed Biden’s victory in the presidential elections in mid-December, with the support of 306 delegates, compared to the 232 Trump received.RELATED
In his lawsuit, Gohmert argues that part of the Electoral Counting Law of 1887 should be declared unconstitutional because it clashes with the Twelfth Amendment of the country’s Constitution on “exclusive dispute resolution mechanisms,” which, according to the judicial brief , includes that “Vice President Pence determines what list of votes of the delegates counts or not for each state.”
Basically, the lawsuit focuses on the role that Pence will play on January 6, when he will have to preside over a session of Congress to certify Biden’s victory over Trump, who has not yet recognized his defeat in the elections.
Normally, the role of the vice president in that ceremony is purely symbolic, as stipulated in the 1887 rule.
Experts consulted by the US media do not see that this lawsuit will prosper.
Edward Foley, a law professor at Ohio State University, told The Hill that “the idea that the vice president has the sole authority to determine whether or not to count the electoral votes sent by a state (…) is incoherent. with a proper understanding of the Constitution ”.
Trump has yet to admit defeat in the November 3 election and has continued to cling to unsubstantiated allegations of alleged mass electoral fraud.
The still president and his allies filed dozens of lawsuits in the courts in the weeks after the elections, all rejected by progressive and conservative judges, including those of the Supreme Court.
Partisan tricks to reverse the results also did not have the desired effect, and on December 14 the Electoral College made Biden official as president-elect.