When you have a chance to sue about something for a corporation and it would change your industry, there's another calculation that goes into the lawsuit decision, and that is whether an adverse ruling will screw you long term into the future. If so, you settle and don't let the judges get their hands on it to make bad case law. For these constitutional law issues, you would calculate whether the supreme court you got who'd decide the case will screw you and make bad law for the nation. I haven't read the Gohmert v Pence lawsuit and maybe sometime would read Pence's answer which I assume argues VP is powerless re electors under the constitution . I do recall Pence invited an amicus brief from the dems-controlled House of Reps. If you think about it from the long term perspective and Pence wins, then any VP from this point forward would be allowed to overrule who are the electors for a state. Good for us 2021 if Pence chooses Trump. Bad for us if ever dems get the VP job and cheat and steal under a new sup. ct. law.