I noticed that when President Donald Trump filed a motion to intervene in Texas v. Pennsylvania before the Supreme Court of the United States, Vice President Mike Pence was not listed as a co-intervenor. I then saw in the Wisconsin federal district court litigation that Trump v. Wisconsin Election Commission does not include Mr. Pence, either. Maybe there are more.
Several lawsuits are raised by electors, voters, or public interest organizations. Others are from the Donald J. Trump for President, Inc. campaign entity itself. And Mr. Pence is sometimes listed as a party in some such litigation (like the Wisconsin recount petition).
But looking back to, say, Bush v. Gore, we see that it’s not simply George W. Bush named as a party, but also his vice presidential candidate Richard Cheney; and it’s not simply Albert Gore, Jr. named as a party, but also his vice presidential candidate Joseph I. Lieberman.
One would expect that litigation of individual candidates on a presidential ticket would include both the presidential and vice presidential candidates. But these two cases, at least, indicate, I think, some daylight between Mr. Trump’s litigation interests and Mr. Pence’s.