The US Court of Appeals for the Fifth Circuit upheld the order of a federal judge who rejected Texas prosecutor Louie Gohmert’s attempt to give Vice President Mike Pence the ability to overthrow President-elect Joe Biden’s victory in the presidential elections of 2020.
“We do not need to say anything more, and we affirm the sentence essentially for the reasons presented by the district court,” wrote the panel of three judges.
It happens less than 24 hours after a nominee for President Trump, U.S. District Court judge Jeremy Kernodle, ruled that Gohmert and Republican voters had no standing because “they claim an injury that is not reasonably identifiable to the defendant, the vice president. of the United States, and is unlikely to be repaired by the relief requested.
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Pence, represented by the Justice Department in the case, asked the court to dismiss the suit on Thursday, arguing that Gohmert sued the wrong person.
On January 6, Pence will chair a parliamentary process in which electoral results are opened and counted.
It is the final step in declaring Biden the winner of the presidential election after he won the Electoral College, 306-232, officially on December 14.
It will be an uncomfortable position for Pence, as Trump has not admitted defeat and the vice president has not yet indicated what he will do.
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The Gohmert lawsuit is the latest of about 50 attempts by President Trump and his allies to challenge the election results, almost all of them unsuccessful.
Some Republican congressmen have said they will run for voters on January 6, but that attempt will almost certainly fail, as the House is controlled by Democrats and several Republican senators have already acknowledged Biden’s victory in the election.
The Associated Press contributed to this report.