Page:Gohmert v. Pence (6 20-cv-660-JDK) (2021) Order.pdf/7

 be injured because “he will not be able to vote as a Congressional Representative in accordance with the Twelfth Amendment.’’” [sic] Docket No. 2 at 4. Specifically, Congressman Gohmert argues that on January 6, 2021, when Congress convenes to count the electoral votes for President and Vice President, he “will object to the counting of the Arizona slate of electors voting for Biden and to the Biden slates from the remaining Contested States.” Docket No. 1 ¶ 6. If a member of the Senate likewise objects, then under Section 15 of the Electoral Count Act, each member of the House and Senate is entitled to vote to resolve the objections, which Congressman Gohmert argues is inconsistent with the state-by-state voting required under the Twelfth Amendment. Docket No. 2 at 5. Congressmen Gohmert argues that the Vice President’s compliance with the procedures of the Electoral Count Act will directly cause his alleged injury. Id. at 7. And he argues that a declaration that Sections 5 and 15 of the Electoral Count Act are unconstitutional would redress his alleged injury. Id. at 9–10.

Congressman Gohmert’s argument is foreclosed by Raines v. Byrd, which squarely held that Members of Congress lack standing to bring a claim for an injury suffered “solely because they are Members of Congress.” 521 U.S. at 821. And that is all Congressman Gohmert is alleging here. He does not identify any injury to himself as an individual, but rather a “wholly abstract and widely dispersed” institutional injury to the House of Representatives. Id. at 829. Congressman Gohmert does not allege that he was “singled out for specially unfavorable treatment as opposed to other Members of their respective bodies,” does not claim that he has