Lindsey Graham asked the U.S. Supreme Court to intervene after a lower court ordered him to testify.
Graham is appealing the requirement to appear before the Fulton County special grand jury.
The office of Graham said the filing was to defend the Constitution and the institutional interests of the Senate.
Graham is trying to stop his testimony in a case that has ensnared allies and associates of the former president.
A three-judge panel of the 11th U.S. Circuit Court of Appeals ruled in favor of the Fulton County District Attorney who wants to question Graham about phone calls he made to Georgia Secretary of State Brad Raffensperger.
The suggestion to toss out legally cast votes was taken as a suggestion by Raffensperger after Graham asked if he had the power to reject certain Absentee Ballots. Graham thinks that interpretation is ridiculous.
Graham had argued that his position as a U.S. senator made him immune from having to testify. He denied doing anything wrong. Graham had argued that the approach would violate his rights under the Speech and Debate Clause.
Graham is being represented by Don McGahn, who was involved in a lengthy court fight over a congressional subpoena for his own testimony. McGahn answered investigators' questions in a private session after years of back and forth.
Emergency appeals from Georgia and several other Southern states are handled by Justice Clarence Thomas. The matter can be referred to the full court.
Trump's lawyers have asked the Supreme Court to step into a legal fight over the classified documents seized during an FBI search of Trump's Florida estate.
Thomas was the only member of the court to vote against allowing the House committee to investigate the Trump records case.
Virginia "Ginni" Thomas was a Trump supporter and attended the "Stop the Steal" rally on the Ellipse.
She reached out to legislators in Arizona and Wisconsin after the election. The false claim that the 2020 election was fraudulent was made by Thomas when she was interviewed by the House committee.
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Meg Kinnard can be reached on her social media accounts.
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Mark Sherman is in Washington