Colorado has become one of 23 states siding with Pennsylvania, Georgia, Michigan and Wisconsin in a lawsuit against those states filed by the Attorney General of Texas, seeking to overturn the results of the Nov. 3 presidential election.

Colorado Attorney General Phil Weiser was one of 23 attorneys general who filed a friend of the court brief Thursday supporting the four swing states that delivered the win to President-elect Joe Biden. 

The brief notes that the lawsuit alleged fraud tied to absentee voting in 2020. But five states, including Colorado, were doing mail-in voting long before the pandemic. 

Weiser’s office said Thursday that Texas’s “unprecedented lawsuit ignores our Constitution’s structure and threatens to upend the basic notions of federalism and states’ rights. Nor does Texas offer any evidence whatsoever of systemic fraud in the November election.”

The Colorado Attorney General also pointed out that the Supreme Court earlier this year affirmed in Colorado’s faithless electors case that the Constitution grants the states the authority to manage elections. “The Court should throw out Texas’s desperate suit because it would override state elections and the will of the voters.

“The Supreme Court must reject this Hail Mary attempt to undermine the presidential election and overturn the will of the voters. The Constitution grants the states the power to set their own rules for presidential elections held within their own states. The Texas lawsuit undermines this state authority and it is a threat to the rule of law. Most troubling, this is an attack on democracy itself,” said Weiser. “Voters, not courts or lawyers, choose the president.”

This week, election officials in all 50 states and the District of Columbia certified their general election results. There has been no evidence of substantial voter fraud, or other forms of wrongdoing, Weiser’s release said, which is why courts have dismissed 55 election-related suits since November 3. 

Siding with Texas and 16 other states: Colorado’s U.S. Reps. Doug Lamborn, R-Colorado Springs, and Ken Buck, R-Johnstown, who also chairs the Colorado Republican Party.

Buck has defended the integrity of Colorado’s elections, including hosting a town hall last week with three Republican county clerks who also defended the integrity of Colorado’s voting system. Buck and Lamborn are among 106 Republican members of the U.S. House who signed onto a friend of the court brief supporting Texas on Thursday. 

In a statement Thursday, Lamborn said he is “pleased to join my colleague, Rep. Mike Johnson (R-La), on an amicus curiae brief to the Supreme Court in support of the Texas v. Pennsylvania case. The amicus brief presents the concerns of my constituents that the unconstitutional irregularities involved in the 2020 presidential election cast doubt upon its outcome. It is now the duty of the Supreme Court to consider the facts and determine what impact these irregularities had on the 2020 election.”

Notably, Colorado’s third Republican member of the House, U.S. Rep. Scott Tipton of Cortez, was not a signatory. 

Trump also has filed a motion to intervene on his own behalf in the case. His attorney is John Eastman, a professor of conservative thought at the University of Colorado-Boulder. In his motion, Eastman pointed out that that Trump won both Florida and Ohio and then erroneously claimed that “no candidate in history-Republican or Democrat-has ever lost the election after winning both States.”

The most recent presidential candidate to lose the election after winning both states was Richard Nixon in 1960. 

Eastman also pushed a racist conspiracy theory against now-Vice President-elect Kamala Harris during the campaign, claiming she wasn’t eligible to be vice president because her parents were immigrants and not citizens when Harris was born in the United States in 1961. Newsweek, which published Eastman’s opinion about Harris, later apologized for its use “as a tool to perpetuate racism and xenophobia.”

Political observers have pointed out that the lawsuit, filed by Texas Attorney General Ken Paxton, has no hope of being accepted by the Supreme Court. Paxton is reportedly under investigation by the FBI for granting favors to a campaign donor. Sen. Ben Sasse, a Nebraska Republican, told Newsweek Thursday that the lawsuit is Paxton’s attempt to get attention from Trump for a possible pardon. Paxton has reportedly denied that allegation.