Gohmert v. Pence (Electoral Count Act)

Lawsuit brought by GOP House Representative on behalf of Arizona voters challenging the federal Electoral Count Act and seeking to empower VP Pence with the "exclusive authority and sole discretion in determining which electoral votes to count for a given State." The DOJ responded on behalf of VP Pence arguing that he was not an appropriate defendant. Similarly, the U.S. House of Representatives also argued, as a friend of the court, to dismiss the case. The court denied the requested relief and dismissed the case. Plaintiffs appealed to the 5th Circuit and lost again.

Trump's Lawyers

Court Filings

Name Filed On Type Status
Complaint 12/27/20 Complaint Dismissed
Motion for Expedited Declaratory Judgment and Injunctive Relief 12/28/20 Motion Denied
Motion to Shorten time for Defendants to Respond and for Expedited Scheduling Order 12/29/20 Motion Granted
Order Granting in Part Motion to Shorten Time for Defendants to Respond 12/29/20 Order Filed
DOJ Response on Behalf of VP Mike Pence 12/31/20 Opposition Filed
U.S. House of Representatives Amicus Brief in Support of Dismissal 12/31/20 Opposition Filed
Reply in Support of Motion for Expedited Declaratory Judgment and Injunctive Relief 01/01/21 Motion Denied
Dismissal Order 01/01/21 Order Filed
Final Judgment 01/01/21 Judgment Filed
Notice of Appeal to the 5th Circuit 01/01/21 Appeal Denied
5th Circuit Order Affirming Dismissal 01/02/21 Order Filed