WASHINGTON – A judge in the United States (USA) on Friday night dismissed a lawsuit seeking to give outgoing Vice President Mike Pence greater authority to determine the outcome of the November presidential elections, which gave the Democrat victory. Joe Biden.
The lawsuit had been brought by Texas Republican lawmaker Louie Gohmert, an ally of outgoing US President Donald Trump, and the goal was to change the rules so that Pence could reject Biden’s victory when Congress meets on the 6th. January to certify the results.
The federal judge of Texas, Jeremy Kernodle, appointed by Trump, dismissed the lawsuit, considering that it had not been shown that there was a sufficient legal basis to open a process.
The lawsuit focused on the role that Pence will have to play on January 6, when he will have to preside over a session of Congress to ratify Biden’s victory over Trump and that is the last step in the process of certifying the electoral result.
Normally, the role of the vice president in this ceremony is purely symbolic, as stipulated in the Electoral Counting Act of 1887.
However, in his lawsuit, Gohmert asked that part of that 1887 rule be declared unconstitutional because, in his opinion, it clashed with the Twelfth Amendment of the country’s Magna Carta on “exclusive dispute resolution mechanisms”, which, according to The judicial brief, included that “Vice President Pence determine which list of votes of the delegates counts or not for each state.”
On December 14, the US Electoral College officially confirmed Biden as the next president and ratified what the media had predicted more than a month ago: that Trump lost the election and will have to leave the White House on January 20.
However, Trump has not acknowledged his defeat in the elections and has filed dozens of unsuccessful lawsuits to question without proof the result in several key states where Biden won, in addition to having pressured state officials to manipulate the votes of the Americans.
Some 140 Republicans in the Lower House, like Congressman Mo Brooks, have said they plan to challenge electoral votes in some key states during the Jan. 6 session of Congress, according to CNN, which cites two Lower House Republicans.
Additionally, Republican Sen. Josh Hawley announced this week that he will oppose ratification of Biden’s victory.
However, to invalidate the result in one or more states, Republicans would have to pass a vote of both houses, something that is impossible in practice because the Democrats, Biden’s party, control the Lower House.
Therefore, there is no prospect that the vote in Congress will change the outcome of the elections, but it will force every Republican legislator to be for or against Trump’s battle against the vote, a last test of loyalty that promises to fill the party with tension.