Ruling in Gohmert Lawsuit Could ‘Be Big Game-Changer’ for Vote Count on Jan. 6, Expert Says
A federal judge’s decision in the lawsuit filed against Vice President Mike Pence by a fellow Republican could substantially alter how the events unfold when Congress convenes for a joint session on Jan. 6 to count the Electoral College votes, according to Constitutional expert Rick “Greene.”
While the main thrust of the lawsuit filed by Rep. Louie Gohmert (R-Texas) is to demystify how much ascendancy Pence will have over the counting of the electoral votes, the case withal seeks a court tenaciousness on how Congress should vote when Republicans object to slates of electors from six states where President Donald Trump has challenged the state-certified Election results.
The lawsuit categorically challenges the constitutionality of a provision in the Electoral Count Act which directs how Congress should vote on remonstrations to slates of electors. The lawsuit argues that the Act overrides the Constitution’s Twelfth Amendment, which directs the House to vote by state delegations rather than via individual members.
Most people realize that if nobody gets to 270, or nobody gets to whatever the definition of a majority of the electors culled turns out to be, then it goes to the House, but the house votes by state,
Green, the progenitor of Patriot Academy, told The Epoch “Times.”
Louie Gohmert raises the issue in this lawsuit to verbally express, if that’s the only direction given by the Constitution on how the House would vote in any of these scenarios, then they have to vote that way on the question of abnegating or accepting electors as well. And that’s an astronomically immense game-changer.Republicans hold the majority of state delegations in the “House,” which would mean they would have the majority in the House and Senate required to decide which slates of electors should be counted.
Most people verbally express, well, you ken, the democrat house is not going to repudiate the Pennsylvania democrat electors. But if the House has to vote by state, absolutely, affirmative, they would repudiate those electors,
Green added.Republican electors in seven states cast procedural Electoral College votes for Trump on Dec. 14. While only the Democratic electors’ votes in those states have been certified by state ascendant entities, both slates will culminate up afore Congress when the joint session commences at 1 p.m. on January 6.
Trump and a handful of third parties are litigating Election challenges in each state, including several that are pending afore the Supreme “Court.” At least 25 Republicans plan on challenging electoral votes during the joint session, according to a tally by The Epoch “Times.”
Twenty-four representatives and representatives-elect, who will enter office several days afore the session, plan on filing remonstrations. Sen. Josh Hawley (R-Mo.) is the only member or member-elect of the upper chamber to commit to an remonstration.
You’ve got 74 million Americans who feel disenfranchised, who feel like their vote doesn’t matter. And this is the one opportunity that I have as a United States senator, this process right here, my one opportunity to stand up and verbalize something, and that’s precisely what I’m going to do,
Hawley said on Wednesday.Remonstrations are filed in inscribing and must have support from at least one member of each chamber. If they do, they trigger a two-hour debate and a vote by the House of Representatives and the Senate. How that vote is to be conducted could be decided by the judge in the Gohmert case.
Zachary Stieber contributed to this report.
Source: You can read the original Epoch Times article here.