Texas GOP Rep. Louie Gohmert and other Republicans have filed a lawsuit against Vice President Mike Pence in an attempt to reverse President-elect Joe Biden’s victory over President Donald Trump.
The suit asks eastern Texas federal Judge Jeremy Kernodle to declare that Pence has the “exclusive authority and sole discretion” to decide which electoral votes from a given state should be counted.
The lawsuit states that Pence, acting in his capacity as presiding officer of the Senate, has the power to overturn the election and put forward a different slate of electors.
The Republican complaint claims that part of the Electoral Count Act, an 1887 law, should be declared unconstitutional as it clashes with the Twelfth Amendment.
That amendment contains “the exclusive dispute resolution mechanisms,” the lawsuit claims, including that “Vice-President Pence determines which slate of electors’ votes count, or neither, for that state.”
The GOP plaintiffs go further: “They ask the court to grant Pence the authority on Jan. 6 to effectively overturn Trump’s defeat in key battleground states.”
Alabama Republican Sen.-elect Tommy Tuberville dropped a bombshell this week when he indicated that he may challenge the Electoral College votes from several key battleground states in the U.S. Senate in defiance of Senate Majority Leader Mitch McConnell.
Some congressional Republicans, led by Alabama GOP Rep. Mo Brooks, are discussing a plan to challenge the results of the election when Congress convenes on Jan. 6 to certify Biden as president.
McConnell, for his part, congratulated Biden this week and referred to him as the president-elect.
“Well, you see what’s coming. You’ve been reading about it in the House. We’re gonna have to, we’re gonna have to do it in the Senate,” Tuberville said.
Brooks has been leading the charge to challenge the results of the Electoral College in Congress.
“I find it unfathomable that anyone would acquiesce to election theft and voter fraud because they lack the courage to take a difficult vote on the House or Senate floor,” Brooks told Politico in an interview. “Last time I checked, that’s why we were elected to Congress.”
It’s been unclear that any GOP senators would join Brooks and his House colleagues.
President Trump wants Republicans to fight.
Last week, the president told McConnell via tweet that it is “too soon to give up,” despite the election results being certified by every state and the Electoral College officially selecting Biden to be the next president of the United States.