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The United States Court of Appeals for the Fifth Circuit upheld the order of a federal judge dismissing the lawsuit of Texas Representative Louie Gohmert who tried to give Vice President Mike Pence the ability to overturn the victory of the President-elect Joe Biden in the 2020 presidential election.
“We do not need to say more, and we uphold the judgment mainly for the reasons given by the district court,” wrote the panel of three judges.
It comes less than 24 hours after a person named by President Trump, U.S. District Court Judge Jeremy Kernodle, ruled Gohmert and Republican voters lack standing because they “allege injury which is not sufficiently attributable to the defendant, the Vice President of the United States, and it is unlikely that the relief sought will be made good. “
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Pence, represented by the Justice Department in the case, urged the court to dismiss the lawsuit on Thursday, arguing that Gohmert sued the wrong person.
On January 6, Pence will preside over a congressional proceeding in which the election results will be revealed and counted.
This is the final step in declaring Biden the winner of the presidential election after winning the Electoral College, 306-232, officially on December 14.
This will be an awkward position for Pence, given that Trump has not conceded defeat and the Vice President has yet to indicate what he is going to do.
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Gohmert’s trial is the latest in about 50 attempts by President Trump and his allies to challenge the election results, almost all of which failed.
Some Congressional Republicans have said they will challenge voters on January 6, but that attempt will almost certainly fail as the House is controlled by Democrats and several Senate Republicans have already acknowledged Biden’s election victory.
The Associated Press contributed to this report.
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