Rep. Louie Gohmert (R-Texas) and other plaintiffs seeking clarification on what power the vice president has during congressional sessions for counting electoral votes filed an appeal late Friday after a judge dismissed their case.
Vice President Mike Pence and Democrats aligned in asking the court to reject the suit, because, they argued among other reasons, it named the wrong defendant.
According to a notice filed with the court, the plaintiffs shortly before midnight filed an appeal with the U.S. Court of Appeals for the Fifth Circuit. The 6-page notice included no arguments.
“That’s my hope and prayer. And yes, I think they will take some action before the 6th, whatever it is,” he said during an appearance on Newsmax.
The court case doesn’t affect plans from roughly 52 members of Congress to object to electoral votes during the congressional session.
The group plans to file objections because of alleged voter fraud and irregularities. They’re targeting crucial swing states where Democratic presidential candidate Joe Biden won, including Georgia, Pennsylvania, and Nevada. President Donald Trump claims he actually won the states.