Category: Twelfth Amendment

Far From Raising a White Flag, Pence’s Response to Gohmert’s Suit Was Strategic and Preserved His Options

Commentary Although the Department of Justice (DOJ) did file a short responsive brief on behalf of Vice President Mike Pence, who is the sole defendant named in the lawsuit recently filed by Texas Rep. Louis Gohmert and the Arizona Trump-pledged electors in a Texas federal court, the brief, in the main, argues that Pence is…


Vice President Pence Must Be Guided by the 12th Amendment, Not the Electoral Count Act, on Jan. 6

Commentary On Monday, I wrote on these pages that Vice President Mike Pence, as president of the Senate, would be violating his oath of office were he to count the electoral votes cast for Joe Biden in the six disputed swing states—Michigan, Wisconsin, Pennsylvania, Georgia, Arizona, and Nevada—because the governors of those states had “certified”…


Rep. Gohmert’s Lawsuit Is Careless, Dangerous, and Necessary

Commentary Rep. Louie Gohmert (R-Texas) filed a federal lawsuit (pdf) on Dec. 27 against Vice President Mike Pence in order to give Pence exclusive authority over the electoral votes that will be counted on Jan. 6. This federal lawsuit embodies the idea that desperate times call for desperate measures. If I felt the suit had…