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

Texas Rep. Chip RoyCharles (Chip) Eugene RoySome Republicans say proxy voting gives advantage to Democrats House passes sweeping protections for LGBTQ people GOP's Chip Roy vows to fight Equality Act in court 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 BidenBiden to sign executive order aimed at increasing voting access Myanmar military conducts violent night raids Confidence in coronavirus vaccines has grown with majority now saying they want it 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 TrumpBiden to sign executive order aimed at increasing voting access Albany Times Union editorial board calls for Cuomo's resignation Advocates warn restrictive voting bills could end Georgia's record turnout 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 Cruz Cruz puts hold on Biden's CIA nominee It will be Vice (or) President Harris against Gov. DeSantis in 2024 — bet on it Senate rejects Cruz effort to block stimulus checks for undocumented immigrants 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 CornynSenate holds longest vote in history as Democrats scramble to save relief bill Biden gets involved to help break Senate logjam Overnight Defense: Capitol Police may ask National Guard to stay | Biden's Pentagon policy nominee faces criticism | Naval Academy midshipmen moved to hotels 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.