Kevin McCarthy (R-CA), Chairman of the United States Minority, speaks during a press conference with fellow Republicans for the U.S. Capitol on December 10, 2020 at the U.S. Capitol in Washington.
Erin Scott | Reuters
Kevin McCarthy, minority chairman of the House of Representatives, R-Calif., Along with 125 other Republican Congressmen, supported the long-standing Texas Supreme Court lawsuit against Joe Biden's proposed presidential victory on Friday.
McCarthy, the senior Republican in the House of Representatives and a close ally of President Donald Trump, was included in a "Friend of the Court" letter presided over by Rep. Mike Johnson, R-La., Urging the Supreme Court to do the Case to review filed by Texas Attorney General Ken Paxton earlier this week.
Paxton's case accused Pennsylvania, Michigan, Georgia and Wisconsin – four major swing states where Biden defeated Trump – of attesting "unlawful election results". Texas is asking the Supreme Court to state that the electoral college votes cast by voters in these four swing states "cannot be counted."
The majority vote in the House's GOP conference behind the Supreme Court's offer to effectively reverse the outcome of the 2020 election came after all 50 states and Washington, D.C., confirmed their election results. Biden is expected to win 306 votes, compared to 232 for Trump.
House Speaker Nancy Pelosi, D-Calif., In a damning letter from her dear colleague, accused Republicans of supporting the case of "electoral subversion that endangers our democracy."
"This lawsuit is an act of GOP desperation that goes against the principles enshrined in our American democracy," wrote Pelosi.
"As members of Congress, we take a solemn oath to support and defend the Constitution," her letter said. "The Republicans are undermining the Constitution through their ruthless and fruitless assault on our democracy, which threatens to seriously undermine public confidence in our most sacred democratic institutions and slow our progress on the urgent challenges ahead."
The Supreme Court has given no indication that it will hear the case and electoral law experts say the judges are highly unlikely to take him up. The unprecedented motion by one state to invalidate other states' votes in a presidential election has never been granted.
Even so, the lawsuit was hyped up by Trump, who falsely claims he won re-election while refusing to concede Biden. Trump asked Wednesday to intervene in Paxton's case.
Numerous other states where Trump won the referendum have also signaled their support for Paxton's lawsuit, as have dozens of seated Republican members of the House – a group that McCarthy is now a part of.
Though news outlets scheduled the election for Biden weeks earlier and had less than a week for voters in their respective states to cast their votes, many Republicans were reluctant to recognize Biden as the winner.
McCarthy was asked directly on CNBC's "Squawk Box" Thursday whether he would accept Biden's win and refused to give a yes-or-no answer.
"Look, voters have to go through this and get this out," McCarthy said in his response. "The president needs to make sure that every legal vote is counted, every recount is carried out and that every complaint is heard in court. Once that is done I think the elections are over and the voters will do so." your decision. "
McCarthy was not included in an earlier amicus letter filed in court Thursday, also headed by Johnson and co-signed by 106 members of the Republican House.
Johnson said on Twitter that the 20 additional Republicans added to his last letter to the court had previously been left out because of a "typographical error".
– CNBC's Jacob Pramuk contributed to this report.