Politico reports that a lawsuit aimed at empowering Vice President Mike Pence to overturn the results of the 2020 presidential election has been thrown out by a federal judge.
The judge contended that the plaintiffs - Republican Texas Congressman Louie Gohmert of Tyler, along with 11 Arizona Republicans who would have been electors for Donald Trump - lacked standing to sue.
U.S. District Court Judge Jeremy Kernodle, a Trump appointee based in Tyler, said the suit, which was filed against Pence, couldn’t be brought by an individual member of Congress, since it alleged an injury that would apply to the entire House and Senate.
The Electoral Count Act of 1887 requires Pence to introduce electors alphabetically by state, and it sets out a process for House members and senators to challenge disputed electors.
On Thursday, Pence asked the judge to intervene and throw out the case. Pence and Justice Department lawyers argued in a filing with the court that Gohmert argument wasn't with the vice president, but with the house and the Senate.
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