The Lone Star State is at it again.
With its lawsuit regarding voter fraud in battleground states dismissed by the Supreme Court, Texas is now attempting to reverse the outcome of the 2020 election by suing Mike Pence in his official capacity as vice president.
The suit, filed by Rep. Louie Gohmert (R-TX) and other Trump supporters, seeks to overturn a centuries-old law that establishes the Vice President as overseer when the Electoral College meets to count votes and certify a presidential win.
Plaintiffs insist the law is unconstitutional and must be overturned. They also want Pence to be granted the authority to choose pro-Trump electors from battleground states when electoral votes are counted on January 6th.
Gohmert’s lawsuit is based on claims that election results in Georgia, Arizona, Michigan, Pennsylvania, and Wisconsin are the product of voter fraud.
“Vice-President Pence determines which slate of electors’ votes count, or neither, for that State,” reads the suit. “If no candidate has a majority of 270 electoral votes, then the House of Representatives (and only the House of Representatives) shall choose the President.”
Experts say the lawsuit is unlikely to succeed.
“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,” argues Edward Foley, a law professor at Ohio State University. “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.”
The January 6th vote count is also being challenged by Rep. Mo Brooks (R-AK), who allegedly has dozens of supporters in the House.
Gohmert’s lawsuit was filed Sunday and will be decided by Judge Jeremy D. Kernodle, who was nominated to serve on the US District Court for the Eastern District of Texas by President Trump in January 2018.