Courts Reject Lawsuit By Representative Gohmert Contesting Constitutionality of Electoral Count Act

Courts Reject Lawsuit By Representative Gohmert Contesting Constitutionality of Electoral Count Act

January 12, 2021

In a bid to authorize Vice President Michael Pence to disregard electoral votes for President-Elect Joseph Biden and Vice President-Elect Kamala Harris, Representative Louis Gohmert sued to contest the constitutionality of the Electoral Count Act, which governs how Electoral College votes are counted by Congress.

Selendy & Gay served as co-counsel to the U.S. House of Representatives in an amicus curiae brief opposing the lawsuit. The federal district court dismissed the action for lack of jurisdiction, and the U.S. Court of Appeals for the Fifth Circuit affirmed that ruling.

The Selendy & Gay team includes Caitlin Halligan, Sam Breidbart, Adam Hersh, and Max Siegel.