The opposition is a crucial setback for Ward, who was hoping for a swift and unconditional order from the judge to instruct Pence to decide which votes to count from each state where Trump allies claim the president won the referendum, despite the results in each of these states are certified for Biden.
US District Judge Jeremy Kernodle will give Ward and her attorneys a response through Friday, January 1st. However, so far he has refused to schedule a hearing on the offer, suggesting that he can turn it down without a hearing.
Ward and her lawyers rely on the twelfth amendment to the US Constitution. After each state has elected and elected its constituents, Congress meets on January 6 for a joint session to confirm the count. This is usually a routine procedure carried out under the Election Control Act of 1887.
But US MP Louie Gohmert, R-Texas, a plaintiff in the lawsuit along with Ward, said he intended to object to the delegates from Arizona and several other states won by Biden.
The lawsuit is based on the premise that the Constitution gives the Vice President the power to unilaterally decide whether to count the 11 votes for Biden of Arizona or to instead accept an alternate “list” chosen by Republicans in an unofficial and unapproved session. who would vote for Trump.
Ward would be just as happy if Pence turned down both Arizona and other state slates.