WASHINGTON (AP) — The Justice Department has asked a federal judge to dismiss a last-gasp lawsuit led by a House Republican that seeks to give Vice President Mike Pence the power to overturn the results of the presidential election won by Joe Biden when Congress formally counts the Electoral College votes next week.

Pence, as president of the Senate, will oversee the Wednesday session and declare the winner of the White House race.

The Electoral College this month cemented Biden’s 306-232 victory, and multiple legal efforts by President Donald Trump’s campaign to challenge the results have failed.

The suit names Pence as the defendant and asks the court to throw out the 1887 law that spells out how Congress handles the vote counting.