GOP lawmakers led by Rep. Louie Gohmert (R-Texas) sued Vice President Pence Sunday in an effort to overturn President-elect Joe Biden’s election win.
The lawsuit wants Mike Pence, acting in his capacity as presiding officer of the Senate, to have the power to overturn the election and put forward a different slate of electors.
Normally this would have no shot but it is still 2020 so who knows, but Edward Foley, a law professor at the Ohio State University did shoot it down.
“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,” he said.
From The Hill:
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.
BREAKING: MIKE PENCE Sued by Texas Congressman Louie Gohmert, Kelli Ward, and other GOP members. Plaintiffs are seeking for Pence to “exercise the exclusive authority and sole discretion” to discard/invalidate any illegal electoral votes by state.https://t.co/XpcbIEiq8u pic.twitter.com/gweBFNAoJo— Cardinal Conservative (@CardinalConserv) December 28, 2020
⚖️NEW: VP Pence has been sued by Rep. Louie Gohmert (R-Tex.), Kelli Ward and other GOP mbrs in a far-fetched bid to overturn Biden’s win— John Kruzel (@johnkruzel) December 28, 2020
Plaintiffs ask Judge Jeremy Kernodle, a Trump-appt’d fed judge in Texas, to find that Pence is authorized to pick pro-Trump electors on Jan. 6 pic.twitter.com/BumNwLm5ss