The judge’s Friday night ruling tosses out what many election law experts considered a far-fetched theory to challenge the formal mechanism by which President-elect Joe Biden will be affirmed as the winner of the race for president.
U.S. District Judge Jeremy D. Kernodle issued an order dismissing the case because, he found, neither Gohmert nor his fellow plaintiffs have a sufficient legal stake in the process to justify the lawsuit. Kernodle was nominated to the federal bench by Trump.
The judge’s ruling comes less than 12 hours after lawyers for Gohmert filed court papers arguing that Vice President Pence has far more power than the government claims to alter the outcome of the presidential election. It was not immediately clear if Gohmert’s legal team plans to appeal the decision.
Judge U.S. District Judge Jeremy D. Kernodle was appointed by Trump in 2018.
“Congressman Gohmert’s alleged injury requires a series of hypothetical—but by no means certain—events,” the judge wrote in his 13-page ruling issued Friday evening. “Plaintiffs presuppose what the Vice President will do on January 6, which electoral votes the Vice President will count or reject from contested states, whether a Representative and a Senator will object under Section 15 of the Electoral Count Act, how each member of the House and Senate will vote on any such objections, and how each state delegation in the House would potentially vote under the Twelfth Amendment absent a majority electoral vote.”
“All that makes Congressman Gohmert’s alleged injury far too uncertain to support standing under” the Constitution, Kernodle added.
The judge dismissed the case without prejudice, meaning that Gohmert’s lawyers could try to reframe the suit so it will pass legal muster.
Thanks PC Commentary