Jeremy D. Kernodle

Jeremy D. Kernodle

Summary

Portrait of Jeremy D. Kernodle Jeremy D. Kernodle Gohmert v. Pence (2021)

Plaintiffs are not asking the Court to order the Vice President to count the Nominee-Electors’ votes, but rather that the Vice President “exercise the exclusive authority and sole discretion in determining which electoral votes to count for a given State,” or alternatively, to decide that no Arizona electoral votes should count. See Docket No. 1 ¶ 73. It is well established that a plaintiff lacks standing where it is “uncertain that granting [the plaintiff] the relief it wants would remedy its injuries.”
Source: Wikisource

Portrait of Jeremy D. Kernodle Jeremy D. Kernodle Gohmert v. Pence (2021)

Congressman Gohmert’s argument is foreclosed by Raines v. Byrd, which squarely held that Members of Congress lack standing to bring a claim for an injury suffered “solely because they are Members of Congress.” 521 U.S. at 821. And that is all Congressman Gohmert is alleging here. He does not identify any injury to himself as an individual, but rather a “wholly abstract and widely dispersed” institutional injury to the House of Representatives.
Source: Wikisource

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