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Last-ditch lawsuit arguing Pence has ‘sole discretion’ to select electors thrown out

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A lawsuit arguing Vice President Mike Pence has the “sole discretion” to name which electoral votes are valid was thrown out of court Friday by a Trump-appointed judge.

The case, led by Rep. Louie Gohmert (R-TX) along with several representatives from Arizona, was a last minute effort to give President Trump a path to staying in the White House. U.S. District Judge Jeremy Kernodle, however, threw the suit out claiming the plaintiffs lacked standings.

An appeal has been filed with the Fifth Circuit Court of Appeals.

The case claimed that the Electoral Count Act of 1887 violates the 12th Amendment, according to the Daily Wire. The case argued Pence has the sole authority to deem which electors are valid and which will cast their vote for president. In the case of two or more dueling electors, the now-appealed case was one of the strongest remaining paths for President Trump to win the highly-contested and fraud-saturated election.

As previously reported by SaraACarter.com, “Under current law, the Vice President’s role in certifying the electoral college results is one that is more symbolic. However, this lawsuit seeks to make that role one that is more active and can contest the results over allegations of widespread voter fraud in many key swing states.”

“[P]rovisions of Section 15 of the Electoral Count Act are unconstitutional insofar as they establish procedures for determining which of two or more competing slates of Presidential Electors for a given State are to be counted in the Electoral College, or how objections to a proffered slate are adjudicated, that violate the Twelfth Amendment,” the lawsuit reads, as reported by the Daily Wire.

“This violation occurs because the Electoral Count Act directs the Defendant, Vice President Michael R. Pence, in his capacity as President of the Senate and Presiding Officer over the January 6, 2021 Joint Session of Congress: (1) to count the electoral votes for a State that have been appointed in violation of the Electors Clause; (2) limits or eliminates his exclusive authority and sole discretion under the Twelfth Amendment to determine which slates of electors for a State, or neither, may be counted; and (3) replaces the Twelfth Amendment’s dispute resolution procedure – under which the House of Representatives has sole authority to choose the President,” the lawsuit reads.

Whether the Court of Appeals will see the suit as legal and having a solid argument, will be announced in the coming days.

You can follow Ben Wilson on Twitter @BenDavisWilson

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Economy

Michigan asks residents to house migrants, enroll children in school and help adults find employment

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Michigan is asking its residents to help with the mess its leadership created and house migrants in their own homes. The state Department of Labor and Economic Development said volunteers who participate must commit for at least 90 days as part of the refugee support program.

In addition to opening up their homes, sponsors are expected to support newly arrived refugees by greeting them at the airport, securing and preparing initial housing, enrolling children in school and helping adults find employment.

“Programs like the Welcome Corps advance the Office of Global Michigan’s mission to make Michigan the home for opportunity for our immigrant, refugee and ethnic communities,” said Poppy Hernandez, Global Michigan Director and Michigan’s Chief Equity and Inclusion Officer. “Expanded refugee resettlement pathways empower more Michiganders to support our state’s growing refugee population and build a more welcoming and inclusive Michigan for all.”

The migrants will come from Cuba, Haiti, Nicaragua and Venezuela, all points of origin where many have been hoping to apply for asylum at the U.S.-Mexico border.

Fox News reports “cities like New York and Chicago have also dealt with issues related to migrants committing crimes, as well as pushback from residents who have voiced anger and concern over the influx. Migrant shelters in those cities have largely been full, forcing officials to come up with ways to safely house the migrants.”

Last year, Massachusetts officials asked residents to open their doors as migrant shelters were full at the time. “Most importantly, if you have an extra room or suite in your home, please consider hosting a family. Housing and shelter is our most pressing need and become a sponsor family,” said Massachusetts Lt. Governor Kim Driscoll.

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