Page:Gohmert v. Pence (6 20-cv-660-JDK) (2021) Order.pdf/11

 slate of Biden electors.” Docket No. 2 at 7. Nor could they. See 3 U.S.C. § 6. That act is performed solely by the Arizona Governor, who is a “third party not before the court.” Lujan, 504 U.S. at 560–61 (quoting Simon v. Eastern Ky. Welfare Rts. Org., 426 U.S. 26, 41–42 (1976)). Indeed, Plaintiffs acknowledge that their injury was caused by Arizona officials in Arizona, the “Vice President did not cause [their] injury,” and their “unlawful injuries [were] suffered in Arizona.” Docket No. 2 at 7.

The Nominee-Electors argue that their injury is nevertheless fairly traceable to the Vice President because he will “ratify and purport to make lawful the unlawful injuries that Plaintiffs suffered in Arizona.” Id. For support, Plaintiffs cite Sierra Club v. Glickman, in which the Fifth Circuit held that an environmental injury was fairly traceable to the Department of Agriculture, even though the injury was directly caused by third-party farmers, because the Department had “the ability through various programs to affect the pumping decisions of those third party farmers to such an extent that the plaintiff’s injury could be relieved.” 156 F.3d 606, 614 (5th Cir. 1998). Nothing like that is alleged here. The Vice President’s anticipated actions on January 6 will not affect the decision of Governor Ducey regarding the certification of presidential electors—which occurred more than two weeks ago on December 14. Even “ratifying” or “making lawful” the Governor’s decision, as Plaintiffs argue will occur here, will not have any “coercive effect” on Arizona’s certification of electoral votes. See Bennett v. Spear, 520 U.S. 154, 168–69 (1997).

For similar reasons, the Nominee-Electors’ claimed injury is not likely to be redressed here. To satisfy redressability, Plaintiffs must show that it is “likely” their