The president spent no small amount of political capital ensuring that the men and women he nominated to the federal bench were sound constitutionalists, each recommended by the Federalist Society, which has a solid reputation for picking such people.
But each one has failed to live up to their oaths to remain faithful not to convenience, peer pressure or cowardice, but to our founding document — and that includes the three justices Trump named to the highest court in the land.
In recent days, Rep. Louie Gohmert (R-Texas) filed suit against Vice President Mike Pence in an attempt to have an 1887 law, the Electoral Count Act, declared an unconstitutional violation of the 12th Amendment, which proscribes how the president of the Senate — that would be the sitting VP — is supposed to count electoral ballots.
Gohmert’s lawsuit alleges that the act in question, which also deals with the manner in which electoral votes are to be counted, is vague, restrictive, and in direct violation of the Constitution. He believes that the 12th Amendment supersedes any law — and he’s correct. He also believes that since the 12th Amendment doesn’t describe the manner in which electoral votes are to be counted, vice presidents have the ability to count alternate sets of electors instead of those certified by a state when the certified electors are in question due to the manner in which the vote occurred in that state.
This year, several state legislatures have decided to send competing sets of electors — one set ‘certified’ for Joe Biden and another set for President Trump — because they believe changes made by state voting officials, governors, and state courts ahead of the Nov. 3 election are unconstitutional because under Article II, only state legislatures have the power to change election laws and rules.
But Gohmert’s lawsuit was simply thrown out after he was told by a federal judge (a Trump appointee, by the way) that he didn’t have “standing” to file it — which is confusing to him, a former state judge himself, because if that door is shut to the 74 million people who voted for the president, then there is no other legal avenue to pursue a remedy under the Constitution.
And if that’s the case, then the only thing left to We the People to seek redress is to take to the streets and get violent, Gohmert says.
“With regard to the standing issue, if a Member of Congress who is going to object to electors that were fraudulently sent there, and the state has sent two sets, and I don’t have standing to go to court...,” Gohmert said to Newsmax TV earlier this week. “If I don’t have standing to do that, nobody does. And if the appropriate defendant is not the Vice President, that under the Constitution has the power to make that determination, then there is none.”
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“This is an example of when institutions that our Constitution created to resolve disputes so that you didn’t have to have riots and violence in the street, it’s when they go wrong,” he continued. (Related: Probe in Arizona by citizens group turns up thousands of fake voters revealing that as much as 30% of addresses were fake.)
“The bottom line is, the court is saying we’re not going to touch this. You have no remedy. Basically, in fact, the ruling would be that you’ve got to go to the street and be as violent as Antifa and BLM,” he added.
Gohmert also noted that if the courts will provide no remedies to this important constitutional question, then it will be the equivalent of nullifying the portion of Article II that grants only state legislatures the authority to change voting rules and procedures, COVID-19, meteor showers, or little green men landing at the mall be damned.
“Our attorneys are preparing the appeal to the 5th Circuit Court of Appeals, there are some incredible judges on that court,” said Gohmert.
“So we are very hopeful that they will say, ‘You know what, if our courts are not gonna be used in this dispute, and the litigant doesn’t have standing, and the defendant isn’t the appropriate, and the jurisdiction is not there, then we have no business having courts. We’re worthless,’” he added.
We fear that, thanks to abject cowardice on the part of federal judges and Supreme Court justices, the election theft we all witnessed this cycle will now become permanent.
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