In December 2020, Fortenberry was one of 126 Republican members of the House of Representatives who signed an amicus brief in support of "Texas v. Pennsylvania", a lawsuit filed at the United States Supreme Court contesting the results of the 2020 presidential election, in which Joe Biden prevailed over incumbent Donald Trump. The Supreme Court declined to hear the case on the basis that Texas lacked standing under Article III of the Constitution to challenge the results of the election held by another state.