(CNN) A federal judge has thrown out a lawsuit from Rep. Louie Gohmert of Texas and several Arizona Republicans seeking to force Vice President Mike Pence to help throw the election to President Donald Trump next week when Congress meets to count the Electoral College votes.
Judge Jeremy Kernodle of the Eastern District of Texas said on Friday that Gohmert and the others lacked standing to sue. In a filing late Friday, Gohmert and other plaintiffs filed a notice of appeal to the Fifth Circuit of the US Court of Appeals.
Gohmert’s suit was part of the desperate and extraordinary GOP attempt to overturn the presidential election using baseless and unproven allegations of mass voter fraud and charging that multiple states that President-elect Joe Biden won illegally changed their voting rules due to the pandemic.
Those arguments have failed dozens of times in state and federal courts over the past two months.
Gohmert and a slate of would-be Trump electors from Arizona had said only Pence could decide what electoral votes count — a remarkable argument suggesting vice presidents can directly determine who wins a presidential election, regardless of the results.
Kernodle, who was nominated by Trump and confirmed in the Senate by voice vote in 2018, wrote that Gohmert “alleges at most an institutional injury to the House of Representatives. Under well-settled Supreme Court authority, that is insufficient to support standing.”
As for the group of Arizona Republicans, who claimed that Biden’s electors in the state were unlawfully certified, Kernodle wrote that they “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.”
Kernodle does not get into the constitutionality of the Electoral Count Act or Pence’s ceremonial role overseeing the certification process in his 13-page opinion. Read from source….