A U.S. judge on Friday rejected a lawsuit filed by Rep. Louie Gohmert (R-Texas) and other Republicans against Vice President Mike Pence, who is due to preside over a joint session of Congress on Jan. 6 for the formal certification of states’ electoral votes for the president of the United States.
"Plaintiff Louie Gohmert, the United States Representative for Texas’s First Congressional District, alleges at most an institutional injury to the House of Representatives. Under well-settled Supreme Court authority, that is insufficient to support standing," he wrote.
"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," he added.
Republican electors in seven battleground states had cast alternative slates of votes for President Donald Trump on Dec. 14, asserting that Trump was the true winner in those states. They alleged that election fraud took place, and contested election officials who declared a win for Biden.
Gohmert and other Republicans argued in their lawsuit against Pence that the U.S. Constitution clearly outlines the protocol for when alternate slates of electors are presented to the president of the Senate. They say the president of the Senate has “exclusive authority and sole discretion under the 12th Amendment to determine which slates of electors for a state, or neither, may be counted.”
Pence's attorney in the Thursday court filing claimed that the plaintiffs “have sued the wrong defendant," noting that suit objects to procedures in the law and "not any actions that Vice President Pence has taken," so he should not be the target of the suit.
At least one senator is needed to sustain a challenge. Sen. Josh Hawley (R-Mo.) has said he will object.