The United States Supreme Court early Thursday rejected a last-ditch bid by Rep. Louie Gohmert of Tyler to allow Vice President Mike Pence to overturn President-elect Joe Bidenâ€™s electoral victory.
The unsigned decision was released after Congress voted to count all Electoral College votes overnight, which dealt a final blow to the lawsuit.
Gohmert and his co-plaintiffs â€” including the GOP chairwoman in Arizona and the stateâ€™s defeated slate of Republican electors â€” filed the lawsuit Wednesday, just before Pence was set to preside over the now infamous Electoral Count college count. They wanted the court to let Pence toss out Bidenâ€™s victories in a handful of states, nullifying tens of millions of ballots and replacing the will of the electorate with their own desire to give Trump a second term.
As the Electoral College count loomed closer, Pence came under increasing pressure by Trump to overturn the results of the election â€” a power that is not granted to him under the constitution.
Pence said he did not have the power to determine which electoral votes to count in a statement Wednesday.
â€œWhen disputes concerning a presidential election arise, under Federal law, it is the peopleâ€™s representatives who review the evidence and resolve disputes through a democratic process,â€ Pence said.
The lawsuit sought to challenge the 1887 Electoral Count Act, which sets the vice presidentâ€™s role in announcing the results as purely ceremonial. Members of the House and Senate can object to the slates of electors from any state, forcing a debate, but the vice president has no say in the matter; he only announces the results.
It had already failed in lower federal courts.
After U.S. District Judge Kernodle, a Trump-appointee from Gohmertâ€™s hometown of Tyler, threw out the lawsuit, Gohmert suggested that violence in the streets may be the only remaining option to block Joe Biden from becoming president in an interview on Newsmax.
â€œBottom line is, the court is saying, â€˜Weâ€™re not going to touch this, you have no remedy,â€™â€ Gohmert said. â€œBasically, in effect, the ruling would be that youâ€™ve got to go to the streets and be as violent as antifa and BLM.â€
But he later argued â€œviolence is not the answerâ€ in a statement.
â€œI have not encouraged and unequivocally do not advocate for violence,â€ he said and maintained that he was only â€œrecognizing what lies ahead when the institutions created by a self-governing people to peacefully resolve disputes hide from their responsibility.â€
After a violent mob of Trump-supporters stormed the Capitol, Gohmert said violence â€œonly hurts our cause,â€ in a tweet.
Please people; no violence. That only hurts our cause. Those leading the charge like the guy in yellow with the communist hammer & sickle tattoo: stopping the violence applies to you too. pic.twitter.com/XLKU9Y2y4x
â€” Louie Gohmert (@replouiegohmert) January 6, 2021
He voted to object to the Arizona and Pennsylvania slates of electors and lodged an objection to Wisconsin electors on his own. Since no senator joined him, the objection died without debate.