Federal judge dismisses Gohmert’s lawsuit against VP Pence

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TYLER, Texas (KETK) – A federal judge dismissed Texas Rep. Louie Gohmert’s lawsuit against Vice President Mike Pence Friday.

Jeremy Kernodle, a Trump-appointed federal judge in Tyler, stated that “the Court lacks subject matter jurisdiction over this case and must dismiss the action.”

On Jan. 6, the vice president will preside over the joint session to certify the election results. The lawsuit, which was filed by Gohmert and 11 Arizona electors, originally sought to give Pence the ability to “determine which electors’ votes, or whether none, shall be counted” when there is any objection to the slate of electors.

In his dismissal of the lawsuit, Kernodle stated that Pence’s anticipated actions on Jan. 6 will not impact the decision of Arizona Gov. Doug Ducey regarding the certification of electors, as that occurred more than two weeks ago on Dec. 14.

In Arizona, the Democratic Party’s slate of 11 electors voted for Joe Biden and Kamala Harris. The votes were certified by Gov. Ducey and Arizona Secretary of State Katie Hobbs and submitted.

“Even ‘ratifying’ or ‘making lawful’ the Governor’s decision, as Plaintiffs argue will occur here, will not have any ‘coercive effect’ on Arizona’s certification of electoral votes,” Kernodle wrote.

In addition to his court not having jurisdiction, Kernodle noted that plaintiffs failed to support their claims of injury in this case.

“Congressman Gohmert’s alleged injury requires a series of hypothetical—but by no means certain—events,” Kernodle noted.

Copyright 2021 Nexstar Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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