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Pence Sued by GOP Legislators to Overturn Biden’s Victory
December 28, 2020:Newsmax
A group of congressional Republicans led by Texas Rep. Louie Gohmert are suing Vice President Mike Pence to prevent him from confirming Joe Biden’s victory in the 2020 presidential election.
On Jan. 6, Pence is set to preside over Congress’ meeting to count the Electoral College votes, which will officially cement Biden as the next president, according to the 1887 Electoral Count Act that designates the vice president as the official to preside over the meeting.
The lawsuit, which lists Arizona Republican Party Chair Kelli Ward among almost a dozen additional plaintiffs, claims that any action that declares Biden the winner of the election will be fraudulent.
“This civil action seeks an expedited declaratory judgment finding that the elector dispute resolution provisions in Section 15 of the Electoral Count Act, 3 U.S.C. §§ 5 and 15, are unconstitutional because these provisions violate the Electors Clause and the Twelfth Amendment of the U.S. Constitution,” the suit reads, according to ABC affiliate KLTV in Texas.
However, election experts note that the lawsuit has little chance of overturning the election.
“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,” Edward Foley, who teaches law at the Ohio State University, told The Hill.
“I’m not at all sure that the court will get to the merits of this lawsuit, given questions about the plaintiffs’ standing to bring this kind of claim, as well as other procedural obstacles,” he added.
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