While experts agree that the law is vague and confusing, it has never before been challenged it has been accepted by officials in both parties for more than 130 years as establishing a process in which the voters, ultimately, choose the president.
It asks a federal judge to take the extraordinary step of telling Pence that he has the right, on his own, to decide that the electoral college votes cast earlier in December for Biden are invalid and to instead recognize self-appointed Trump electors who gathered in several state capitals to challenge the results.
The suit argues that the Constitution gives the vice president, in his role as president of Senate, sole discretion to determine whether electors put forward by the states are valid. Louie Gohmert (R-Tex.) and a number of Republicans in Arizona, who argued that an 1887 law that governs how Congress certifies presidential elections is unconstitutional. The filing came in response to a lawsuit from Rep. The filing will come as a disappointment to supporters of President Trump, who hoped that Pence would attempt to reject some of President-elect Joe Biden’s electoral college votes and recognize votes for Trump instead when Congress meets next week to certify the November election. Vice President Pence asked a judge late Thursday to reject a lawsuit that aims to expand his power to use a congressional ceremony to overturn the presidential election, arguing that he is not the right person to sue over the issue. This lawsuit may be the most hare-brained effort by Trump’s cult to throw out the Constitution. While Republicans are filing lawsuits asking courts to expand the Vice President’s power to reject slates of certified electors, Mike Pence rejected the expanded power they want the courts to give him, which would enable the Vice President to ignore the Electoral College and pick the incoming President.
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