A group of GOP lawmakers including Texas Rep. Louie Gohmert is suing Vice-President Mike Pence in a desperate last-ditch attempt to overturn the results of the election in Congress, according to The Hill.
As vice-president, Pence’s role in the January 6 joint session of Congress is a ceremonial one governed by the Electoral Count Act passed in 1887. Pence just needs to count states’ electoral votes and finalize Biden’s victory.
But the lawsuit is asking a Texas federal judge to rule that the law is unconstitutional and that Pence has the exclusive authority to choose electors when he oversees the Electoral College vote certification in Congress on Jan. 6.
The lawsuit urges Mike Pence to recognize the electoral votes cast by Republican ‘alternate electors’ in key battleground states despite the fact that Biden won those states convincingly and official Democratic electors already cast their votes.
This lawsuit has a zero percent chance of being successful.
Edward Foley, a law professor at the Ohio State University told The Hill: “The idea that the Vice President has sole authority to determine whether or not to count electoral votes submitted by a state, or which of competing submissions to count, is inconsistent with a proper understanding of the Constitution.”