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A federal appeals court has dismissed a lawsuit filed by a group of Republicans in a last-ditch effort to challenge President-elect Joe Biden’s victory.
The U.S. Fifth Circuit Court of Appeals on Saturday upheld a lower court decision to dismiss a lawsuit filed by Rep. Louie Gohmert (R-Texas) and a group of Arizona Trump supporters.
Gohmert and his allies were seeking to give Vice President Mike Pence the power to reject Electoral College results when he oversees a session of Congress on Wednesday.
Lawmakers were suing Pence – a fact that even his lawyers admitted was strange.
“The vice president – the sole accused in this case – is ironically the very person whose power they seek to promote,” a Department of Justice attorney representing Pence wrote, according to a report in The Hill.
“A lawsuit to establish that the vice president has discretion over the tally, brought against the vice president, is a common legal contradiction.
The district judge who dismissed the case on Friday concluded that Gohmert and the other plaintiffs could not prove that they had been wronged by Pence’s role.
The three-judge Court of Appeals panel – made up of two Republicans appointed by Ronald Reagan and one appointed by Trump – largely agreed.
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