Louie Gohmert sues Mike Pence for a declaratory judgment holding the Electoral Count Act unconstitutional! Sorry, Louie, that is ridiculous.....

December 28, 2020

Yesterday, Sunday, December 27th, Congressman Louie Gohmert of Tyler, Texas filed a civil action (No. 6:20-cv-00660-JDK) in the U.S. District Court for the Eastern District of Texas, seeking a declaratory judgment holding the Electoral Count Act unconstitutional under the 12th Amendment, in his hope of undoing the results of the presidential electors' votes and give the election to the loser, Donald Trump.

 I will have more to say, but having read his complaint and accompanying motion for expedited relief: Louie, your pleading is ridiculous.

December 31, 2020

The federal judge in this case set an expedited response deadline for the Vice President of today at 5:00pm, and the Justice Department filed a response for him. It rather weakly says that Gohmert sued the wrong defendant -- should have sued the houses of Congress. That is the solely ground of defense to Gohmert's request for emergency, injunctive relief against Pence. Immediately thereafter counsel for the House of Representatives filed a brief in opposition that is fuller, stronger, and better drafted. 

With Pence not acquiescing to Gohmert, this gambit seems doomed. I certainly hope so as Gohmert's request is almost pathetically insupportable. I will continue to watch the docket in this case.

January 1, 2021

The District Court in Tyler dismissed the complaint for lack of jurisdiction because Gohmert and the other putative plaintiffs lack standing. The order of dismissal, containing the court's opinion, was entered just hours after Gohmert filed his reply to the Vice President's response (not a strong pleading, by the Justice Department, but it did the job). 

January 2, 2021

Gohmert appealed, but the same day the Fifth Circuit Court of Appeals entered its per curiam order affirming the District Court. Next destination for Gohmert in this quest--which I labelled as ridiculous initially but now must call absurd--the SCOTUS!