A lawsuit by Rep. Gohmert was rejected by a Federal Court Judge on Friday and now has been thrown out of the U.S. Court of Appeals as well.
Gohmert’s lawsuit requested to strike down the Electoral Count Act of 1887 as unconstitutional and to grant VP Pence full authority to choose pro-Trump electors.
The suit was ultimately thrown out by Judge Jeremy Kernodle for “lacking standing” and the Appeals Court followed up by sing with Judge Kernodle.
All hope isn’t lost yet though, 11 Gop Senators led by Ted Cruz just announced they are planning to object to the Electoral College votes of states that committed fraud.
BREAKING: Appeals court DISMISSES Gohmert lawsuit. pic.twitter.com/xOM6JSTcIQ
— Kyle Cheney (@kyledcheney) January 3, 2021
Breaking: A federal appeals court has dismissed the Louie Gohmert-backed lawsuit.
A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit affirmed a lower court judge's decision that the Republican plaintiffs lacked a legal right to sue.
— Kyle Griffin (@kylegriffin1) January 3, 2021
Fox News had this to share about Gohmert’s lawsuit being dismissed:
The U.S. Court of Appeals for the Fifth Circuit upheld a federal judge’s order dismissing Texas Rep. Louie Gohmert’s lawsuit that attempted to give Vice President Mike Pence the ability to overturn President-elect Joe Biden’s victory in the 2020 presidential election.
“We need say no more, and we affirm the judgment essentially for the reasons stated by the district court,” the three-judge panel wrote.
It comes less than 24 hours after a President Trump appointee, U.S. District Court Judge Jeremy Kernodle, ruled that Gohmert and the Republican electors lacked standing because they “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.”
A federal appeals court on Saturday night threw out an appeal by Rep. Gohmert that sought to allow VP Pence to hand the election to President Trump. https://t.co/MsAyuU6hig
— NBC Politics (@NBCPolitics) January 3, 2021
Judge dismisses Gohmert's attempt to force Pence to decide election results https://t.co/xdDeL0defz
— CBS News (@CBSNews) January 3, 2021
CBS News covered the story also:
A federal judge on Friday dismissed a lawsuit brought by Congressman Louie Gohmert of Texas that sought to empower Vice President Mike Pence to unilaterally decide the 2020 election results rather than have Congress count the electoral votes on January 6. Pence and the Department of Justice on Thursday had urged the court to reject Gohmert’s lawsuit, saying the power lies with the House and the Senate.
U.S. District Court Judge Jeremy Kernodle of the Eastern District of Texas said the plaintiffs lack “standing” to sue, since they claim “institutional injury” to the House of Representatives, but “that is insufficient to support standing.”
The court also said Gohmert “does not identify any injury to himself as an individual, but rather a ‘wholly abstract and widely dispersed’ institutional injury to the House of Representatives.”
After the Federal court dismissed the case, Gohmert went into more depth about the decision by the court with Newsmax.