Senator Ben Sasse on Thursday said he expects the Supreme Court to throw out a Texas lawsuit seeking to invalidate President-elect Joe Biden’s election victory.
“I’m no lawyer but I suspect the Supreme Court swats this away,” Sasse said in a statement.
“From the brief, it looks like a fella begging for a pardon filed a PR stunt rather than a lawsuit – as all of its assertions have already been rejected by federal courts and Texas’s own solicitor general isn’t signing on,” the Nebraska Republican said.
Eighteen states joined the lawsuit, filed Monday in the Supreme Court by Texas Attorney General Ken Paxton, which seeks to block presidential electors in four battleground states from casting their votes for Biden.
The lawsuit argues that the electoral vote should be delayed in Michigan, Georgia, Wisconsin, and Pennsylvania as investigations into voting irregularities continue. Texas and the other states are requesting an emergency order to invalidate millions of ballots in the four swing states.
The legal claims in the Texas lawsuit have largely been heard already in lower courts over the course of various cases filed by the Trump team and its allies since the election. All 50 states have already certified their election results.
On Wednesday, the attorneys general of seventeen states Trump won last month filed an amicus brief in the case. The red states that joined that brief are Missouri, Alabama, Arkansas, Florida, Indiana, Kansas, Louisiana, Mississippi, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, and West Virginia.
Arizona’s Republican attorney general Mark Brnovich filed his own brief expressing his support for the lawsuit despite Biden’s victory in Arizona.
The lawsuit comes on the heels of the Supreme Court’s rejection on Tuesday of a similar lawsuit from Pennsylvania Republicans seeking to invalidate the state’s presidential vote results.
Sasse has been critical of the Trump campaign’s refusal to concede the presidential race and was one of the first Republican senators to recognize Biden as president-elect.