The Brunson Brothers have filed a lawsuit claiming that Congress violated its constitutional duties by certifying the 2020 presidential election results without investigating serious fraud allegations.

Known as Brunson v. Adams, the case challenges Congress’s failure to investigate potential election fraud and breaches of national security before certifying Joe Biden’s win on January 6, 2021. The lawsuit states that Congress was put on notice by over a hundred members of its own chamber about credible fraud reports but chose not to conduct an investigation.

The legal argument cites the principle from United States v. Throckmorton (98 U.S. 61, 67 [1878]): “Fraud vitiates every thing, and a judgment equally with a contract.” The Brunson Brothers contend that by failing to investigate, Congress violated its oath to protect the Constitution.

Recent developments suggest the case could be revived. President Trump’s social media post on January 15 has raised hopes that the lawsuit might be pulled from the Supreme Court docket. The case is currently scheduled for a hearing on January 6, 2023.

The Brunson Brothers state their case is not dead but rather “sitting on the shelf, perfectly preserved” and ready to be revived when the time is right.