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                Federal appeals court dismisses electoral count lawsuit against VP Pence
                ? WikiMedia (CBP Photography)
                Federal appeals court dismisses electoral count lawsuit against VP Pence

                The US Court of Appeals for the Fifth Circuit dismissed a lawsuit Saturday brought by US Representative Louie Gohmert against Vice President Mike Pence, arguing that Pence should have the power to overturn President-elect Joe Biden’s victory.

                Gohmert, who represents Texas’ first district, claimed that the Electoral Count Act violates the Electors Clause and the Twelfth Amendment of the US Constitution because it restricts the vice president’s power to choose which electoral votes he certifies. In the suit, Gohmert argued that Pence should have the power to certify votes from “alternate electors” if he so chooses.

                The Fifth Circuit ruled “that the district court lacks jurisdiction because no plaintiff has the standing demanded” by the US Constitution. The US District Court for the Eastern District of Texas dismissed the same case just one day prior for the same reason, finding that Gohmert’s case lacked an injury “fairly traceable to the defendant’s allegedly unlawful conduct.”

                Responding to the district court dismissal, Gohmert tweeted, “If I don’t have standing, no one does. When no one ever has standing, what good is a court system?” In a conversation with conservative outlet Newsmax, Gohmert said he believes judges simply do not want to admit the existence of election fraud and make controversial, “dynamite” rulings. Gohmert has not yet commented on the circuit court’s dismissal of his case.

                Despite myriad legal challenges, no courts have found evidence of election fraud. On January 6, Pence will oversee a joint congressional session to certify Biden’s electoral college victory.

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