Case: Gohmert v. Pence

6:20-cv-00660 | U.S. District Court for the Eastern District of Texas

Filed Date: Dec. 27, 2020

Closed Date: Jan. 1, 2021

Clearinghouse coding complete

Case Summary

On December 27, 2020, the U.S. Representative for the 1st District of Texas, along with multiple Republican U.S. Representatives from Arizona, filed this lawsuit in the U.S. District Court for the Eastern District of Texas against then-vice president, Mike Pence. Represented by private counsel, the plaintiffs sought expedited declaratory and emergency injunctive relief, alleging that two parts of the U.S. Constitution, the Electors Clause and Twelfth Amendment, were violated.  The plaintiffs ar…

On December 27, 2020, the U.S. Representative for the 1st District of Texas, along with multiple Republican U.S. Representatives from Arizona, filed this lawsuit in the U.S. District Court for the Eastern District of Texas against then-vice president, Mike Pence. Represented by private counsel, the plaintiffs sought expedited declaratory and emergency injunctive relief, alleging that two parts of the U.S. Constitution, the Electors Clause and Twelfth Amendment, were violated.  The plaintiffs argued that elector dispute resolutions from Section 15 of the Electoral Count Act (3 U.S.C. §§ 5 and 15) infringed upon the capacity of the vice president to determine which electoral votes should count for the presidential election. A motion for preliminary injunction was filed on December 28, 2020.

Judge Jeremy D. Kernodle of the U.S. District Court for the Eastern District of Texas dismissed the case on January 1, 2021.  In its decision, the court cited a lack of standing and explained that the plaintiffs' alleged injury was insufficient to show standing. 510 F. Supp. 3d 435.

On January 1, 2021, the plaintiffs appealed to the U.S. Court of Appeals for the Fifth Circuit. The court affirmed the judgment of the district court on January 2, 2021. 832 F. App'x 349.

On January 6, 2021, the plaintiffs filed an emergency application for administrative stay and interim relief pending the timely filing of a writ of certiorari with the U.S. Supreme Court, but were denied. 141 S. Ct. 972. The case is closed.

Summary Authors

Jacob Hebda (10/18/2022)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/25729521/parties/gohmert-v-pence/


Judge(s)

Kernodle, Jeremy D (Texas)

Attorneys(s) for Plaintiff

Haller, Julia Z (District of Columbia)

Joseph, Lawrence J (District of Columbia)

Kleinhelder, Howard (New York)

Sessions, William L (Texas)

Attorneys(s) for Defendant

Coghlan, John V (District of Columbia)

Judge(s)

Kernodle, Jeremy D (Texas)

Attorneys(s) for Plaintiff

Haller, Julia Z (District of Columbia)

Joseph, Lawrence J (District of Columbia)

Kleinhelder, Howard (New York)

Sessions, William L (Texas)

Attorneys(s) for Defendant

Coghlan, John V (District of Columbia)

Documents in the Clearinghouse

Document
1

6:20-cv-00660

Complaint

Dec. 27, 2020

Dec. 27, 2020

Complaint
37

6:20-cv-00660

Order Dismissing Case

Jan. 1, 2021

Jan. 1, 2021

Order/Opinion
42

6:20-cv-00660

21-40001

USCA Judgment

U. S. Court of Appeals for the Fifth Circuit

Jan. 2, 2021

Jan. 2, 2021

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/25729521/gohmert-v-pence/

Last updated Dec. 21, 2022, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT EMERGENCY COMPLAINT FOR EXPEDITED DECLARATORY AND EMERGENCY INJUNCTIVE RELIEF against Michael R. Pence ( Filing fee $ 402 receipt number 0540-8169550.), filed by Louie Gohmert. (Attachments: # 1 Exhibit EX A Arizona Joint Resolution, # 2 Civil Cover Sheet)(Sessions, William) (Entered: 12/27/2020)

1 Exhibit EX A Arizona Joint Resolution

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2 Civil Cover Sheet

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Dec. 27, 2020

Dec. 27, 2020

Clearinghouse
2

Emergency MOTION for Preliminary Injunction AND EXPEDITED DECLARATORY JUDGMENT by Tyler Bowyer, Nancy Cottle, Louie Gohmert, Jake Hoffman, Anthony Kern, James R. Lamon, Robert Montgomery, Sam Moorhead, Loraine Pellegrino, Greg Safsten, Kelli Ward, Michael Ward. (Attachments: # 1 Text of Proposed Order Proposed Order)(Sessions, William) (Entered: 12/28/2020)

1 Text of Proposed Order Proposed Order

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Dec. 28, 2020

Dec. 28, 2020

Clearinghouse
3

Summons Issued as to Michael R. Pence, U.S. Attorney and U.S. Attorney General, and emailed to plaintiff for service. (Attachments: # 1 Summons(es) US Attorney, # 2 Summons(es) US Attorney General)(mll, ) (Entered: 12/28/2020)

1 Summons(es) US Attorney

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2 Summons(es) US Attorney General

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Dec. 28, 2020

Dec. 28, 2020

Clearinghouse
4

NOTICE of Attorney Appearance - Pro Hac Vice by Howard Kleinhendler on behalf of All Plaintiffs. Filing fee $ 100, receipt number 0540-8171069. (Kleinhendler, Howard) (Entered: 12/28/2020)

Dec. 28, 2020

Dec. 28, 2020

RECAP

District Judge Jeremy D. Kernodle added. (mll, )

Dec. 28, 2020

Dec. 28, 2020

PACER
5

AFFIDAVIT of Service for Summons and Proof of Service served on Stephen J. Cox on 12/29/20, filed by Tyler Bowyer, Nancy Cottle, Louie Gohmert, Jake Hoffman, Anthony Kern, James R. Lamon, Robert Montgomery, Sam Moorhead, Loraine Pellegrino, Greg Safsten, Kelli Ward, Michael Ward. (Sessions, William) (Entered: 12/29/2020)

Dec. 29, 2020

Dec. 29, 2020

RECAP
6

NOTICE of Attorney Appearance - Pro Hac Vice by Lawrence J Joseph on behalf of All Plaintiffs. Filing fee $ 100, receipt number 0540-8172359. (Joseph, Lawrence) (Entered: 12/29/2020)

Dec. 29, 2020

Dec. 29, 2020

PACER
7

MOTION to Expedite Shorten Time for Response to Plaintiffs' Emergency Motion for Expedited Declaratory Judgment and Emergency Injunctive Relief and Request for Expedited Scheduling Order by Tyler Bowyer, Nancy Cottle, Louie Gohmert, Jake Hoffman, Anthony Kern, James R. Lamon, Robert Montgomery, Sam Moorhead, Loraine Pellegrino, Greg Safsten, Kelli Ward, Michael Ward. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Motion to Shorten Time)(Sessions, William) (Entered: 12/29/2020)

1 Text of Proposed Order Proposed Order Granting Motion to Shorten Time

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Dec. 29, 2020

Dec. 29, 2020

RECAP
8

NOTICE of Attorney Appearance - Pro Hac Vice by Timothy P Dowling on behalf of Timothy P Dowling. Filing fee $ 100, receipt number 0540-8172653. (Dowling, Timothy) (Entered: 12/29/2020)

Dec. 29, 2020

Dec. 29, 2020

RECAP
9

NOTICE by Timothy P Dowling (Dowling, Timothy) (Entered: 12/29/2020)

Dec. 29, 2020

Dec. 29, 2020

RECAP
10

SUMMONS Returned Executed by James R. Lamon, Kelli Ward, Nancy Cottle, Sam Moorhead, Loraine Pellegrino, Timothy P Dowling, Michael Ward, Tyler Bowyer, Robert Montgomery, Louie Gohmert, Jake Hoffman, Greg Safsten, Anthony Kern. Michael R. Pence served on 12/29/2020, answer due 2/27/2021. (Joseph, Lawrence) (Entered: 12/29/2020)

Dec. 29, 2020

Dec. 29, 2020

RECAP
11

SUMMONS Returned Executed by James R. Lamon, Kelli Ward, Nancy Cottle, Sam Moorhead, Loraine Pellegrino, Timothy P Dowling, Michael Ward, Tyler Bowyer, Robert Montgomery, Louie Gohmert, Jake Hoffman, Greg Safsten, Anthony Kern. All Defendants. (Joseph, Lawrence) (Entered: 12/29/2020)

Dec. 29, 2020

Dec. 29, 2020

RECAP
12

ORDER for Expedited Briefing on 2 Emergency Motion for Preliminary Injunction and Expedited Declaratory Judgment - Granting In Part 7 Motion to Expedite. Signed by District Judge Jeremy D. Kernodle on 12/29/2020. (jdk1) (Entered: 12/29/2020)

Dec. 29, 2020

Dec. 29, 2020

RECAP

MINUTE ORDER: The Court ORDERS that a briefing schedule will be set on Plaintiffs emergency motion (Docket No. 2) after Plaintiffs file proof of service in accordance with Federal Rule of Civil Procedure 4(i). (ksd)

Dec. 29, 2020

Dec. 29, 2020

PACER
13

MOTION for Leave to File an Amicus Brief by John S. Campbell, Amicus Curiae. (Attachments: # 1 Text of Proposed Order, # 2 Envelope(s))(ksd ) (Entered: 12/30/2020)

1 Text of Proposed Order

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2 Envelope(s)

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Dec. 30, 2020

Dec. 30, 2020

RECAP
14

NOTICE of Attorney Appearance - Pro Hac Vice by Alan Hamilton Kennedy on behalf of Alan Hamilton Kennedy. Filing fee $ 100, receipt number 0540-8175915. (Kennedy, Alan) (Entered: 12/31/2020)

Dec. 31, 2020

Dec. 31, 2020

RECAP
15

MOTION to Intervene as Presidential Elector, Brief in Support of Motion to Intervene, and Opposition to Plaintiffs Louie Gohmert et al.'s Emergency Motion by Alan Hamilton Kennedy. (Attachments: # 1 Text of Proposed Order)(Kennedy, Alan) (Entered: 12/31/2020)

1 Text of Proposed Order

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Dec. 31, 2020

Dec. 31, 2020

RECAP
16

NOTICE of Attorney Appearance by Douglas N. Letter on behalf of U.S. House of Representatives (Letter, Douglas) (Entered: 12/31/2020)

Dec. 31, 2020

Dec. 31, 2020

RECAP
17

NOTICE of Attorney Appearance by John V. Coghlan on behalf of All Defendants (Coghlan, John) (Entered: 12/31/2020)

Dec. 31, 2020

Dec. 31, 2020

RECAP
18

RESPONSE in Opposition re 2 Emergency MOTION for Preliminary Injunction AND EXPEDITED DECLARATORY JUDGMENT filed by Michael R. Pence. (Coghlan, John) (Entered: 12/31/2020)

Dec. 31, 2020

Dec. 31, 2020

RECAP
19

MOTION to Intervene by Timothy P Dowling. (Attachments: # 1 Exhibit Motion to dismiss, # 2 Exhibit Order granting motion)(Dowling, Timothy) (Entered: 12/31/2020)

1 Exhibit Motion to dismiss

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2 Exhibit Order granting motion

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Dec. 31, 2020

Dec. 31, 2020

RECAP
20

MOTION to Dismiss by Timothy P Dowling. (Attachments: # 1 Text of Proposed Order Order to intervene, # 2 Text of Proposed Order Order to dismiss)(Dowling, Timothy) (Entered: 12/31/2020)

1 Text of Proposed Order Order to intervene

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2 Text of Proposed Order Order to dismiss

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Dec. 31, 2020

Dec. 31, 2020

Clearinghouse
21

MOTION for Leave to File Amicus Brief by U.S. House of Representatives. (Attachments: # 1 Text of Proposed Order)(Letter, Douglas) (Entered: 12/31/2020)

1 Text of Proposed Order

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Dec. 31, 2020

Dec. 31, 2020

RECAP
22

TRIAL BRIEF Proposed Amicus Brief by U.S. House of Representatives. (Letter, Douglas) (Entered: 12/31/2020)

Dec. 31, 2020

Dec. 31, 2020

RECAP
23

Unopposed MOTION for Leave to File Excess Pages for Plaintiffs' Response to Defendants' and Intervenors' Briefs In Opposition by Louie Gohmert, Jake Hoffman. (Attachments: # 1 Text of Proposed Order Proposed Order)(Sessions, William) (Entered: 12/31/2020)

Dec. 31, 2020

Dec. 31, 2020

PACER
24

ORDER granting 23 Motion for Leave to File Excess Pages. Signed by District Judge Jeremy D. Kernodle on 12/31/2020. (jdk1) (Entered: 12/31/2020)

Dec. 31, 2020

Dec. 31, 2020

RECAP
25

Unopposed MOTION to Intervene INTERVENORS MICHELE LUNDGREN ET.AL.S UNOPPOSED MOTION TO INTERVENE by MIchele Lundgren, Marian Sheridan, Meshawn Maddock, Mari-Ann Henry, Amy Facchinello. (Attachments: # 1 Exhibit Intervenor Lundgren's Original Complaint, # 2 Text of Proposed Order)(Bundren, Wm.) (Entered: 01/01/2021)

1 Exhibit Intervenor Lundgren's Original Complaint

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2 Text of Proposed Order

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Jan. 1, 2021

Jan. 1, 2021

RECAP
26

Unopposed MOTION for Extension of Time to File Plaintiff's Reply Brief by Tyler Bowyer, Nancy Cottle, Louie Gohmert, Jake Hoffman, Anthony Kern, James R. Lamon, Robert Montgomery, Sam Moorhead, Loraine Pellegrino, Greg Safsten, Kelli Ward, Michael Ward. (Sessions, William) (Entered: 01/01/2021)

Jan. 1, 2021

Jan. 1, 2021

RECAP
27

Unopposed MOTION for Extension of Time to File Plaintiff's Reply Brief by Tyler Bowyer, Nancy Cottle, Louie Gohmert, Jake Hoffman, Anthony Kern, James R. Lamon, Robert Montgomery, Sam Moorhead, Loraine Pellegrino, Greg Safsten, Kelli Ward, Michael Ward. (Attachments: # 1 Text of Proposed Order)(Sessions, William) (Entered: 01/01/2021)

1 Text of Proposed Order

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Jan. 1, 2021

Jan. 1, 2021

RECAP
28

NOTICE of Attorney Appearance - Pro Hac Vice by Julia Zsuzsa Haller on behalf of All Plaintiffs. Filing fee $ 100, receipt number 0540-8176550. (Haller, Julia) (Entered: 01/01/2021)

Jan. 1, 2021

Jan. 1, 2021

RECAP
29

ORDER granting 27 Motion for Extension of Time to File. Signed by District Judge Jeremy D. Kernodle on 1/1/2021. (jdk1) (Entered: 01/01/2021)

Jan. 1, 2021

Jan. 1, 2021

RECAP
30

RESPONSE in Support re 2 Emergency MOTION for Preliminary Injunction AND EXPEDITED DECLARATORY JUDGMENT, 27 Unopposed MOTION for Extension of Time to File Plaintiff's Reply Brief filed by Tyler Bowyer, Nancy Cottle, Louie Gohmert, Jake Hoffman, Anthony Kern, James R. Lamon, Robert Montgomery, Sam Moorhead, Loraine Pellegrino, Greg Safsten, Kelli Ward, Michael Ward. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Errata Exhibit D, # 5 Exhibit Exhibit E)(Sessions, William) (Entered: 01/01/2021)

1 Exhibit Exhibit A

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2 Exhibit Exhibit B

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3 Exhibit Exhibit C

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4 Errata Exhibit D

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5 Exhibit Exhibit E

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Jan. 1, 2021

Jan. 1, 2021

RECAP
31

Unopposed MOTION for Extension of Time to File Response or Brief to Defendant and Others by MIchele Lundgren. (Attachments: # 1 Text of Proposed Order)(Bundren, Wm.) (Entered: 01/01/2021)

1 Text of Proposed Order

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Jan. 1, 2021

Jan. 1, 2021

RECAP
32

BRIEF filed INTERVENORS MICHELE LUNDGREN ET.AL.S BRIEF IN SUPPORT OF PLAINTIFFS' RELIEF SOUGHT by MIchele Lundgren. (Bundren, Wm.) (Entered: 01/01/2021)

Jan. 1, 2021

Jan. 1, 2021

RECAP
33

Additional Attachments to Main Document: 30 Response in Support of Motion,,.. (Sessions, William) (Entered: 01/01/2021)

Jan. 1, 2021

Jan. 1, 2021

RECAP
34

REPLY to Response to Motion re 2 Emergency MOTION for Preliminary Injunction AND EXPEDITED DECLARATORY JUDGMENT Reply to Plaintiffs Response 1/1/21 re Rule 19 filed by Timothy P Dowling. (Dowling, Timothy) (Entered: 01/01/2021)

Jan. 1, 2021

Jan. 1, 2021

PACER
35

NOTICE by Timothy P Dowling re 19 MOTION to Intervene (Dowling, Timothy) (Entered: 01/01/2021)

Jan. 1, 2021

Jan. 1, 2021

RECAP
36

Emergency MOTION to Intervene as Presidential Elector, Brief in Support of Motion to Intervene, and Opposition to Plaintiffs' Emergency Motion (Amending and Expanding Motion to Intervene of Dec. 31, 2020 at Docket No. 15) by Alan Hamilton Kennedy. (Attachments: # 1 Text of Proposed Order)(Kennedy, Alan) (Entered: 01/01/2021)

1 Text of Proposed Order

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Jan. 1, 2021

Jan. 1, 2021

RECAP
37

ORDER OF DISMISSAL. The Court dismisses the case without prejudice. Signed by District Judge Jeremy D. Kernodle on 1/1/2021. (efarris, ) (Entered: 01/01/2021)

Jan. 1, 2021

Jan. 1, 2021

Clearinghouse
38

FINAL JUDGMENT. Signed by District Judge Jeremy D. Kernodle on 1/1/2021. (efarris, ) (Entered: 01/01/2021)

Jan. 1, 2021

Jan. 1, 2021

Clearinghouse
39

NOTICE OF APPEAL as to 37 Order Dismissing Case, 38 Order by Tyler Bowyer, Nancy Cottle, Louie Gohmert, Jake Hoffman, Anthony Kern, James R. Lamon, Robert Montgomery, Sam Moorhead, Loraine Pellegrino, Greg Safsten, Kelli Ward, Michael Ward. Filing fee $ 505, receipt number 0540-8176796. Appeal Record due by 1/15/2021. (Joseph, Lawrence) (Entered: 01/01/2021)

Jan. 1, 2021

Jan. 1, 2021

Clearinghouse
40

NOTICE OF APPEAL by MIchele Lundgren. Filing fee $ 505, receipt number 0540-8176887. (Bundren, Wm.) (Entered: 01/02/2021)

Jan. 2, 2021

Jan. 2, 2021

RECAP
41

EMERGENCY MOTION on 39 Notice of Appeal, 40 Notice of Appeal. (ksd ) (Entered: 01/04/2021)

Jan. 2, 2021

Jan. 2, 2021

RECAP
42

USCA JUDGMENT as to 39 Notice of Appeal, filed by James R. Lamon, Robert Montgomery, Anthony Kern, Michael Ward, Tyler Bowyer, Greg Safsten, Sam Moorhead, Nancy Cottle, Louie Gohmert, Loraine Pellegrino, Kelli Ward, Jake Hoffman, 40 Notice of Appeal filed by MIchele Lundgren. (ksd ) (Entered: 01/04/2021)

Jan. 2, 2021

Jan. 2, 2021

RECAP
43

MANDATE of USCA as to 39 Notice of Appeal, filed by James R. Lamon, Robert Montgomery, Anthony Kern, Michael Ward, Tyler Bowyer, Greg Safsten, Sam Moorhead, Nancy Cottle, Louie Gohmert, Loraine Pellegrino, Kelli Ward, Jake Hoffman, 40 Notice of Appeal filed by MIchele Lundgren. (Attachments: # 1 Cover Letter)(ksd ) (Entered: 01/04/2021)

1 Cover Letter

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Jan. 2, 2021

Jan. 2, 2021

RECAP

Case Details

State / Territory: Texas

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Dec. 27, 2020

Closing Date: Jan. 1, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

U.S. Representatives from Texas and Arizona

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Vice President of the United States (Washington, District of Columbia), Federal

Case Details

Causes of Action:

Ex parte Young (federal or state officials)

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Voting

Voting:

Challenges to at-large/multimember district/election

Election administration

Vote decision rules