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The lawsuit suggests that the vice president of the United States determine the winner of the presidential election, regardless of the results, which showed that Democratic candidate Joe Biden beat President Donald Trump.
Vice President Pence had previously asked the court to dismiss the case, arguing that legal issues raised by Gomert should go to the Senate and House of Representatives instead of the vice president.
Any member of the United States House of Representatives, if joined by a senator, can object to the January 6 ballot, and this can lead to a debate in Congress, followed by a vote in both houses.
Republicans are likely to lose this vote if it happens, because Democrats control the House of Representatives and because several Republican senators have publicly acknowledged Biden’s victory.
Nebraska Republican Senator Ben Sass warned of efforts in Congress to cancel President-elect Biden’s electoral college victory, describing it as a “dangerous stunt.”
In an open letter to voters on Thursday, Sass wrote that there was no evidence of widespread fraud that would alter the results, and said he had urged his colleagues to reject a “bill to annul the elections.”
