| | A lawsuit was filed in the U.S. District Court for the Eastern District of [[Texas]] on December 28, 2020, to declare the Electoral Count Act of 1887 unconstitutional.<ref>Kruzel, John (December 28, 2020). [https://thehill.com/regulation/court-battles/531823-gop-lawmakers-sue-pence-in-bid-to-overturn-biden-win GOP lawmaker sues Pence in bid to overturn Biden win]. ''The Hill''. Retrieved December 28, 2020.</ref> While the Electoral Count Act says a majority vote in the US House of its members can rule on objections, the [[12th Amendment]] orders the vote in the US House to made by its State delegations.<ref>http://rutgerspolicyjournal.org/sites/jlpp/files/Land_Schultz.pdf</ref> The plaintiffs include Rep. [[Louie Gohmert]] (R-TX) and the defendant is Vice President [[Mike Pence]], who presides over the Joint Session of [[Congress]] on January 6, 2021, to consider certifying the [[Electoral College]] for the president to be inaugurated on January 20. The suit was dismissed by the judge on January 1, 2021.<ref>{{cite web|url=https://www.wsj.com/articles/judge-dismisses-effort-to-derail-count-of-electors-votes-11609559351|title="Judge Dismisses Effort to Derail Count of Electors' Votes"|publisher=''wsj.com''|date=January 1, 2021|author=Jess Bravin|accessdate=January 2, 2021}}</ref> | | A lawsuit was filed in the U.S. District Court for the Eastern District of [[Texas]] on December 28, 2020, to declare the Electoral Count Act of 1887 unconstitutional.<ref>Kruzel, John (December 28, 2020). [https://thehill.com/regulation/court-battles/531823-gop-lawmakers-sue-pence-in-bid-to-overturn-biden-win GOP lawmaker sues Pence in bid to overturn Biden win]. ''The Hill''. Retrieved December 28, 2020.</ref> While the Electoral Count Act says a majority vote in the US House of its members can rule on objections, the [[12th Amendment]] orders the vote in the US House to made by its State delegations.<ref>http://rutgerspolicyjournal.org/sites/jlpp/files/Land_Schultz.pdf</ref> The plaintiffs include Rep. [[Louie Gohmert]] (R-TX) and the defendant is Vice President [[Mike Pence]], who presides over the Joint Session of [[Congress]] on January 6, 2021, to consider certifying the [[Electoral College]] for the president to be inaugurated on January 20. The suit was dismissed by the judge on January 1, 2021.<ref>{{cite web|url=https://www.wsj.com/articles/judge-dismisses-effort-to-derail-count-of-electors-votes-11609559351|title="Judge Dismisses Effort to Derail Count of Electors' Votes"|publisher=''wsj.com''|date=January 1, 2021|author=Jess Bravin|accessdate=January 2, 2021}}</ref> |