GOP lawmaker: Texas election lawsuit represents 'a dangerous violation of federalism'

Texas Rep. Chip RoyCharles (Chip) Eugene Roy14 Republicans vote against making Juneteenth a federal holiday 21 Republicans vote against awarding medals to police who defended Capitol The Hill's Morning Report - Biden-Putin meeting to dominate the week MORE (R) on Thursday called his state's Supreme Court election lawsuit seeking to undermine the results in several states that voted for President-elect Joe BidenJoe BidenObama: Ensuring democracy 'continues to work effectively' keeps me 'up at night' New Jersey landlords prohibited from asking potential tenants about criminal records Overnight Defense: Pentagon pulling some air defense assets from Middle East | Dems introduce resolution apologizing to LGBT community for discrimination | White House denies pausing military aid package to Ukraine MORE a “dangerous violation of federalism.”

Roy made the comment in a Twitter thread explaining why he would not join his colleagues in filing an amicus brief in support of the suit.

“Respectfully, I will not join because I believe the case itself represents a dangerous violation of federalism & sets a precedent to have one state asking federal courts to police the voting procedures of other states,” he said.


Texas Attorney General Ken Paxton (R) is suing to prevent electors from Pennsylvania, Michigan, Wisconsin and Georgia from certifying Biden’s win, saying those states' mail-in voting efforts amid the pandemic were unconstitutional. Eighteen other states — all of which voted against Biden — have joined Texas in its lawsuit.

President TrumpDonald TrumpWhite House denies pausing military aid package to Ukraine Poll: 30 percent of GOP voters believe Trump will 'likely' be reinstated this year Black Secret Service agent told Trump it was offensive to hold rally in Tulsa on Juneteenth: report MORE, who since the election has refused to concede and repeatedly made unfounded claims of voter fraud, has filed a motion to intervene in the case, and has reportedly asked Sen. Ted CruzRafael (Ted) Edward CruzWhite House denies pausing military aid package to Ukraine Ted Cruz says critical race theory is as racist as 'Klansmen in white sheets' Pentagon pulling 'certain forces and capabilities,' including air defenses, from Middle East MORE (R-Texas) to present his case if the Supreme Court decides to hear it.


Roy, who is Cruz’s former chief of staff, said that he supports legal challenges “where most likely to succeed," but he cannot “support an effort that will almost certainly fail on grounds of standing and is inconsistent with my beliefs about protecting Texas sovereignty from the meddling of other states.

“Our remedy must be, from this day forward, to decline to allow the usurpation of our authority as people - through our states - to govern ourselves in all respects.”


Roy is not the only Texas Republican to question the case. Sen. John CornynJohn CornynThe Senate is where dreams go to die Federal government to observe Juneteenth holiday on Friday Joe Manchin keeps Democrats guessing on sweeping election bill MORE said on Wednesday that he struggled “to understand the legal theory” behind the suit. 

The president’s reelection campaign and its allies have filed multiple lawsuits attempting to void election results in a handful of swing states, most of which have been unsuccessful.