Nearly two-thirds of House Republicans join baseless effort to overturn election

More than 120 Republican members of the US House of Representatives formally asked the US supreme court this week to prevent four swing states from casting electoral votes for Joe Biden to seal his victory in the November election, a brazen move that signals how the Republican party has embraced Donald Trump’s baseless attacks on the American electoral system.

Supreme court rejects Trump-backed Texas lawsuit aiming to overturn election results

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The request from 126 GOP members – nearly two-thirds of the Republican caucus – came in support of a lawsuit Texas filed earlier this week that sought to block the electoral votes in Michigan, Pennsylvania, Wisconsin and Georgia, all states Biden won in November. The lawsuit also won support from top House Republicans.

The suit was ultimately rejected by the supreme court on Friday. The US constitution gives states clear authority to set their own election and does not give other states the right to interfere. Texas’s argument in the suit was also based on unsupported claims of fraud that have been dismissed in lower courts.

“The lawsuit has so many fundamental flaws that it’s hard to know where to start. It misstates basic principles of election law and demands a remedy that is both unconstitutional and unavailable,” Lisa Marshall Manheim, a law professor at the University of Washington, wrote in an email. “At core, it’s an incoherent amalgamation of claims that already failed in the lower courts.”

Despite its ultimate failure the lawsuit represented a troubling case that was unprecedented in American history: a quest to overturn a presidential election on the basis of unsubstantiated claims by an incumbent who soundly lost his re-election bid.

It also became a test of fealty for the president’s party that pitted Republican governors, lawmakers and elected officials against one another.

One supreme court brief, filed by prominent Republicans in opposition to the Texas lawsuit, said the arguments “make a mockery of federalism and separation of powers”.

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Among the 126 lawmakers who signed on to the brief is a particularly puzzling group: 19 Republican members of Congress who represent districts in Pennsylvania, Michigan, Georgia and Wisconsin.

Those members all appeared on the same ballot as the presidential candidates and all but one were elected under the same rules to which they are now objecting.

(Meanwhile, Doug Collins, a Georgia congressman, ran for a US Senate seat and lost. Collins conceded his race, thereby accepting his defeat in a statewide election, and was later chosen by the Trump campaign to lead its recount effort in the state.)

By signing on to the brief, those lawmakers are essentially arguing that their own results could have been tainted by the same irregularities they say cost Trump the election in their state.

The Guardian contacted the offices of all 18 of those Republicans who won re-election to ask if they believed there should be further investigation into their electoral victories in November. None of them responded to a request for comment.

Most of the lawmakers who supported the effort are far-right conservatives from deep red districts that voted for Trump. But collectively, their support for the lawsuit meant that more than a quarter of the House, including the California congressman Kevin McCarthy, the Republican minority leader, believe the supreme court should invalidate the votes of tens of millions of Americans.

Seventeen Republican attorneys general have also signed on in support of the last-ditch legal bid to overturn the 2020 presidential contest before states’ electors meet on Monday to officially declare Biden the victor.

Biden won the election with 306 electoral votes, the same number that Trump won in 2016, and he leads the popular vote by more than 7 million. The four states targeted by the Texas lawsuit represent 62 electoral votes.

Biden soundly defeated Trump in Michigan and Pennsylvania, part of the “blue wall” that Trump shattered in 2016. Biden also clawed back a third “blue wall” state – Wisconsin – while eking out a surprise victory in Georgia, where multiple recounts have affirmed his win despite an audacious attempt by the president to pressure the Republican governor and secretary of state to reverse the result.

Dozens of lawsuits brought by Trump’s campaign and allies in state and federal court were unsuccessful, with the cases so lacking in evidence of the widespread voter fraud they alleged that judges summarily dismissed, derided and even denounced them as meritless. Election law experts have also roundly criticized the Texas lawsuit, pointing to what they say are substantial legal flaws in the argument brought forth by the state’s Republican attorney general, Ken Paxton.

Paxton, a staunch ally of the president, is under indictment in a long-running securities fraud case and faces a separate federal investigation related to allegations that he abused the power of his office in connection with a political donor. He has denied the allegations. Yet Paxton’s attempts to override the election results have raised speculation that he may be angling for a presidential pardon, though he insists that is not his motivation.