Page:Gohmert v. Pence (6 20-cv-660-JDK) (2021) Order.pdf/4

 day, the Nominee-Electors state that they also convened in Arizona and voted for Donald J. Trump and Michael R. Pence. Id. ¶ 20. Similar actions took place in Georgia, Pennsylvania, Wisconsin, and Michigan (with Arizona, the “Contested States”). Id. ¶ 20–21. Combined, the Contested States represent seventy-three electoral votes. See id. ¶ 23.

On December 27, Plaintiffs filed this lawsuit, alleging that there are now “competing slates” of electors from the Contested States and asking the Court to declare that the Electoral Count Act is unconstitutional and that the Vice President has the “exclusive authority and sole discretion” to determine which electoral votes should count. Id. ¶ 73. They also ask for a declaration that “the Twelfth Amendment contains the exclusive dispute resolution mechanisms” for determining an objection raised by a Member of Congress to any slate of electors and an injunction barring the Vice President from following the Electoral Count Act. Id. On December 28, Plaintiffs filed an Emergency Motion for Expedited Declaratory Judgment and Emergency Injunctive Relief (“Emergency Motion”). Docket No. 2. Plaintiffs request “an expedited summary proceeding” under Federal Rule of Civil Procedure 57. Id.

On December 31, the Vice President opposed Plaintiffs’ motion. Docket No. 18.

As mentioned above, before the Court can address the merits of Plaintiff’s Emergency Motion, it must ensure that it has subject matter jurisdiction. See, e.g., Cary, 44 U.S. at 245 (“The courts of the United States are all limited in their nature and constitution, and have not the powers inherent in courts existing by prescription or by the common law.”); DaimlerChrysler Corp. v. Cuno, 547 U.S. 332, 340–41 (2006)