'Lack standing': Rep. Gohmert's lawsuit against Pence to overturn election results thrown out
WASHINGTON – A judge dismissed a lawsuit from Rep. Louie Gohmert, R-Texas, that was aimed at Vice President Mike Pence, seeking to put the authority to overturn President-elect Joe Biden's election win in the vice president's hands.
U.S. District Court Judge Jeremy Kernodle, who is a Trump appointee, said Gohmert and a group of other Republicans on the lawsuit "lack standing."
Gohmert "alleges at most an institutional inquiry to the House of Representatives," Kernodle wrote.
Gohmert and the group of Republicans filed the suit against Pence this week, arguing that the vice president has the constitutional authority to decide which states' Electoral College votes to count.
Election lawsuit: Mike Pence asks judge to toss Gohmert's lawsuit that seeks to overturn election results
Kernodle continued, “The other Plaintiffs, the slate of Republican Presidential Electors for the State of Arizona (the ‘Nominee-Electors’), 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.”
“Accordingly, as explained below, the Court lacks subject matter jurisdiction over this case and must dismiss the action,” the judge stated.
Pence, in a 14-page filing by Justice Department attorneys Thursday evening, claimed the lawsuit should be brought against Congress.
"[T]hese plaintiffs' suit is not a proper vehicle for addressing those issues because plaintiffs have sued the wrong defendant," the response states, continuing that Pence "is ironically the very person whose power they seek to promote."
What to expect: Congress is set to certify Biden's election win Jan. 6
Pence is set to oversee Congress when it officially counts the votes cast by the Electoral College on Jan. 6, and the suit argues that Pence has the constitutional authority to ignore votes cast for Biden in states where Republicans have tried to cast doubt on the results.
There is no evidence to support Trump's claims of widespread election fraud.
In December, states certified their Electoral College results, giving Biden 306 votes to President Donald Trump’s 232.
Contributing: Jeanine Santucci