A federal judge’s decision in the lawsuit filed against Vice President Mike Pence by a fellow Republican could substantially alter how the events unfold when Congress convenes for a joint session on Jan. 6 to count the Electoral College votes, according to Constitutional expert Rick Greene.
While the main thrust of the lawsuit filed by Rep. Louie Gohmert (R-Texas) is to clarify how much authority Pence will have over the counting of the electoral votes, the case also seeks a court determination on how Congress should vote when Republicans object to slates of electors from six states where President Donald Trump has challenged the state-certified election results.
The lawsuit specifically challenges the constitutionality of a provision in the Electoral Count Act which directs how Congress should vote on objections to slates of electors. The lawsuit argues that the Act overrides the Constitution’s Twelfth Amendment, which directs the House to vote by state delegations rather than via individual members.
“Most people realize that if nobody gets to 270, or nobody gets to whatever the definition of a majority of the electors chosen turns out to be, then it goes to the House, but the house votes by state,” Green, the founder of Patriot Academy, told The Epoch Times. Read more…