A federal Texas judge appointed by President Donald Trump threw out Republican Texas Rep. Louie Gohmert’s lawsuit Friday against Vice President Mike Pence.
The Texas judge, Jeremy Kernodle, dismissed the lawsuit against Pence, saying the case was “dismissed without prejudice for lack of subject matter jurisdiction.” Gohmert’s office did not immediately respond to the Daily Caller when asked about Kernodle’s ruling.
Gohmert and a group of other GOP figures filed a brief Friday in a Texas court against Pence, who will oversee the upcoming Jan. 6 meeting of Congress to count states’ electoral votes and finalize President-elect Joe Biden’s victory over President Donald Trump.
In the brief, Gohmert claims there are 140 members of Congress who will object during the Jan. 6 meeting of Congress.
Republican Missouri Sen. Josh Hawley became the first Senator to say he will object during Congress’s counting of the Electoral College vote Jan. 6, in a statement released Wednesday.
Gohmert and the group filed the lawsuit against Pence in his capacity as vice president in a federal Texas court Sunday. The lawsuit reportedly asks for the judge to overturn Trump’s losses in battleground states.
Along with Gohmert and Arizona Republican Party Chairwoman Kelli Ward, Students for Trump COO Tyler Bowyer, Arizona Republican Party Executive Director Greg Safsten and Maricopa County Republicans Second Vice Chair Nancy Cottle are asking federal Judge Jeremy Kernodle to let Pence declare who the electors are on Jan. 6, according to The Daily Beast.
Gohmert had asked for a ruling by Jan. 4 in order to have time for appeals.