A staggering 106 Republican members of Congress have filed a brief in support of Texas’ improbable Supreme Court lawsuit aiming to overturn the results of the 2020 presidential election. Given that every state has certified its electoral results, President-elect Joe Biden is expected to win the Electoral College once it officially votes on Monday. The suit alleges that states changed their voting systems in a way that facilitated fraud. As Texas has no authority over other states’ laws, experts predict the case is virtually assured to get dismissed.
Some of the most powerful and prominent members of the Republican caucus signed on to the letter. House Minority Whip Steve Scalise signed on, as did Rep. Jim Jordan, the ranking member of the Judiciary Committee. So did Rep. Kevin Brady, the ranking member of the powerful Ways & Means Committee, Senator-elect Roger Marshall of Kansas, Governor-elect Greg Gianforte of Montana, Rep. Cathy McMorris Rodgers of Washington, previously the third-highest ranking member of the House, and House Republican recruitment chair Tom Emmer. Reps from all four states whose election results are being challenged in the suit—Wisconsin, Michigan, Georgia and Pennsylvania—also signed on, despite the lawsuit, in theory, invalidating their own elections. Notable absences include Kevin McCarthy and Liz Cheney, the current top and third-ranking House Republicans. One Texas Republican, Rep. Chip Roy, said he wouldn’t join the lawsuit, writing on Twitter that he thought it represented “a dangerous violation of federalism.”