District Judge Jeremy Kernodle, a nominee of President Donald Trump, said that Gohmert didn’t have standing to bring legal action.
(The Center Square) – A federal judge dismissed a lawsuit filed by Rep. Louie Gohmert, R-Texas, one day after Vice President Mike Pence and members of the U.S. House objected to it.
Gohmert “alleges at most an institutional injury to the House of Representatives,” Kernodle wrote. “Under well-settled Supreme Court authority, that is insufficient to support standing.”
The lawsuit requests the court to grant Pence as the president of the Senate overseeing the Joint Session of Congress “the exclusive authority and sole discretion in determining which electoral votes to count for a given State” on Jan. 6.
Kernodle ruled that the 11 other plaintiffs, including Arizona Republican Electors, claimed an injury that is not “fairly traceable” to Pence.
In response, Gohmert told Newsmax, “If I don’t have standing to do that, nobody does.”
In their 43-page reply to the judge on Saturday, Gohmert and other plaintiffs argue, “Under the Constitution, he has the authority to conduct that proceeding as he sees fit. He may count elector votes certified by a state’s executive, or he can prefer a competing slate of duly qualified electors. He may ignore all electors from a certain state. That is the power bestowed upon him by the Constitution.”
Gohmert said the attorneys repr