Sunday, January 3, 2021

Louie 'The Goober' Gohmert loses suit in ruling by Republican judges

Court Dismisses Election Lawsuit From The Stupidest Member of Congress (Updated) reports the AZ BlueMeanie at Blog for Arizona. Below is a sample of the rulings.

There was never any doubt that the court was going to dismiss this lawsuit from the stupidest member of Congress on behalf of the Arizona Republican Stupid Party, chaired by Kellli Ward.

The U.S. Justice Department filed a brief on behalf of Vice President Mike Pence in opposition to this ridiculous lawsuit. Pence seeks rejection of lawsuit that aimed to expand his power to overturn the election.

The court wasted little time in dismissing this ridiculous lawsuit. Federal Judge Dismisses Election Lawsuit Against Pence:

A federal judge on Friday dismissed a lawsuit led by President Trump’s allies in Congress that aimed to pressure Vice President Mike Pence to overturn the results of the election, dealing a blow to lawmakers’ last-ditch effort to challenge President-elect Joseph R. Biden Jr.’s victory.

Judge Jeremy D. Kernodle of the Eastern District of Texas ruled that Republican lawmakers, led by Representative Louie Gohmert of Texas, lacked the proper standing to sue Mr. Pence in the matter. The lawsuit challenged the more than century-old law that governs the Electoral College process, in an attempt to expand an otherwise ceremonial role into one with the power to reject electoral votes that were cast for Mr. Biden.

As the presiding officer of the Senate, Mr. Pence has the responsibility of opening and tallying envelopes sent from each state and announcing their electoral results when Congress meets on Jan. 6 to certify Mr. Biden’s victory. Mr. Gohmert, along with his colleagues and electors in Arizona, had hoped that the lawsuit, filed on Sunday, could force Mr. Pence to take on an expanded role, opening the vice president up to pressure to invalidate the election results.

But Judge Kernodle, who was appointed by Mr. Trump, dashed those hopes on Friday, though Mr. Gohmert said in an interview with Newsmax that his lawyers would appeal.

UPDATE: The Fifth Circuit Court of Appeals has rejected Rep. Gohmert’s emergency petition. The courts are done with this “GOP Clown Car Coup.” Politico reports, Federal appeals court tosses Gohmert suit aimed at overturning 2020 election results:

A federal appeals court has thrown out GOP Rep. Louie Gohmert’s last-ditch attempt to subvert President-elect Joe Biden’s victory, his second rejection in two days in the Texas lawmaker’s attempt to empower Vice President Mike Pence to overturn the results.

The 5th Circuit Court of Appeals gave very short shrift to Gohmert’s legal effort, dismissing it summarily in a one-paragraph opinion issued Saturday evening.

The unsigned decision noted the district court’s ruling that Gohmert and 11 Arizona Republicans — who would have been electors for President Donald Trump — lacked legal standing to pursue the case.

“We need say no more, and we affirm the judgment essentially for the reasons stated by the district court,” the appeals court panel wrote. “We express no view on the underlying merits or on what putative party, if any, might have standing.”

The judges who rejected Gohmert’s appeal were all Republican appointees. The panel included Reagan appointees Patrick Higginbottom and Jerry Smith, as well as Trump appointee Andrew Oldham.

Gohmert’s next stop, if he attempts it, is likely the Supreme Court, which has been reticent to wade into Trump’s flailing legal gambits to salvage his presidency despite losing the election. He could also attempt to take the fight to the full bench of the Fifth Circuit Court of Appeals.

While many federal court appeals take months or even years to litigate, the 5th Circuit disposed of this one in less than a day without even taking legal briefs from the parties.

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