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January 2, 2021judicialelectoral vote countseparation of powersfederal courtselectionspost election litigationElectoral Count Act

Federal courts reject Louie Gohmert's bid to give Pence control over electoral votes

The 5th Circuit affirmed the dismissal of Rep. Louie Gohmert's lawsuit against Vice President Mike Pence. Gohmert and several Republican electors asked courts to give Pence power to decide which electoral votes counted on January 6, but the appellate order said the district court lacked jurisdiction because no plaintiff had Article III standing. The ruling left the vice president's role inside the Electoral Count Act process, rather than letting one federal judge rewrite the count days before Congress met.