Rep. Louie Gohmert (R-Texas) and other plaintiffs seeking clarification on what power the vice president has during congressional sessions for counting electoral votes filed an appeal late Friday after a judge dismissed their case.
District Judge Jeremy Kernodle, a Trump appointee, ruled earlier in the day that the plaintiffs in Gohmert v. Pence lack standing.
Plaintiffs were seeking a court ruling that would uphold their view that the vice president has the “exclusive authority” to decide between competing slates of electors. They allege the Electoral Count Act of 1877 violates the Constitution because it restrains the vice president’s authority.
Vice President Mike Pence and Democrats aligned in asking the court to reject the suit, because, they argued among other reasons, it named the wrong defendant.
According to a notice filed with the court, the plaintiffs shortly before midnight filed an appeal with the U.S. Court of Appeals for the Fifth Circuit. The 6-page notice included no arguments.
Gohmert said late Friday that Kernodle’s ruling was wrong and plaintiffs hoped to get an answer from the appeals court before Jan. 6, when the joint session of Congress is set to take place.
“That’s my hope and prayer. And yes, I think they will take some action before the 6th, whatever it is,” he said during an appearance on Newsmax.
The court case doesn’t affect plans from roughly 52 members of Congress to object to electoral votes during the congressional session.
The group plans to file objections because of alleged voter fraud and irregularities. They’re targeting crucial swing states where Democratic presidential candidate Joe Biden won, including Georgia, Pennsylvania, and Nevada. President Donald Trump claims he actually won the states.
The group grew by 11 on Saturday. In a joint statement, 11 senators and senators-elect said they were going to join the effort because the allegations of fraud and irregularities in the 2020 election “exceed any in our lifetime.”