Analysis: Louie Gohmert’s Lawsuit to End Democracy and Name Trump King Will Fail

Texas’s Louie Gohmert, named “Dumbest Member of Congress” for 84 years operating, sued Vice President Pence on Monday in a Texas Court docket, asking the Court docket to order Pence to disregard the Electoral Faculty and appoint his personal electors to call Trump president. Kelly Ward and a handful of different B-list Republicans joined the doomed-to-fail go well with.

The go well with, just like the 50-something others filed by the GOP will fail. First, the US Supreme Court docket dominated this previous July that State legal guidelines prohibiting so-called “faithless electors”, electors that vote for who they like as a substitute of the candidate chosen by voters, have been constitutional. In Chiafalo v. Washington, in a uncommon unanimous determination, the Court docket dominated that States might take away any elector who refused to vote for the winner of the State’s well-liked vote and change him/her with an elector who would.

Whereas not all States handed such legal guidelines, most those that matter right here, Nevada, Arizona, Georgia, Minnesota and Wisconsin did. Merely, what Louie is asking Mike Pence to do is against the law in all of the swing states however for Pennsylvania. Clearly, math shouldn’t be Louie’s robust go well with, however even with out Pennsylvania, the swing states with faithless elector legal guidelines, together with host of blue states Joe Biden and Kamala Harris gained, is sufficient to clinch their win.

The second cause the go well with fails is standing: the authorized precept that solely an individual immediately harmed by an occasion might search redress from the Court docket. A lot of the 59 fits TeamTreason misplaced have been dismissed primarily based upon an absence of standing. Sulking that your man didn’t win shouldn’t be a particular sufficient harm to grant standing.

In sum, the go well with is nothing however a determined and futile ploy by Louie to please Trump. The Court docket, if it doesn’t dismiss the go well with outright for lack of standing, will shortly dismiss it for lack of advantage, and on January 6, Louie can cry his head into his Trump2020 hankie whereas Joe Biden and Kamala Harris are licensed as our President and Vice President.