Gohmert et al v. Pence

Filing 42

USCA JUDGMENT as to 39 Notice of Appeal, filed by James R. Lamon, Robert Montgomery, Anthony Kern, Michael Ward, Tyler Bowyer, Greg Safsten, Sam Moorhead, Nancy Cottle, Louie Gohmert, Loraine Pellegrino, Kelli Ward, Jake Hoffman, 40 Notice of Appeal filed by MIchele Lundgren. (ksd )

United States Court of Appeals
for the Fifth Circuit

United States Court of Appeals
Fifth Circuit

FILED
January 2, 2021

No. 21-40001

Lyle W. Cayce
Clerk

Louie Gohmert; Tyler Bowyer; Nancy Cottle; Jake
Hoffman; Anthony Kern; James R. Lamon; Sam
Moorhead; Robert Montgomery; Loraine Pellegrino;
Greg Safsten; Kelli Ward; Michael Ward,
Plaintiffs—Appellants,
Marian Sheridan; Meshawn Maddock; Mari-Ann Henry;
Amy Facchinello; Michele Lundgren,
Movants—Appellants,
versus
Michael R. Pence,
Defendant—Appellee.
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 6:20-CV-660
Before Higginbotham, Smith, and Oldham, Circuit Judges.

Per Curiam:*
This administrative panel is presented with an emergency motion for
expedited appeal. We have appellate jurisdiction under 28 U.S.C. § 1291.
That includes jurisdiction to determine both our and the district court’s
jurisdiction. We have the benefit of the briefing before the district court and
its 13-page opinion styled Order of Dismissal, issued January 1, 2021. That
order adopts the position of the Department of Justice, finding that the
district court lacks jurisdiction because no plaintiff has the standing
demanded by Article III. We need say no more, and we affirm the judgment
essentially for the reasons stated by the district court. We express no view on
the underlying merits or on what putative party, if any, might have standing.
The motion to expedite is dismissed as moot. The mandate shall issue
forthwith.

*

Pursuant to 5th Circuit Rule 47.5, the court has determined that this
opinion should not be published and is not precedent except under the limited
circumstances set forth in 5th Circuit Rule 47.5.4.