Someone pointed out that this lawsuit was filed knowing it would get tossed. Then Pence can do what he wants, just as the states have done with ignoring election laws.
This reminds me of a similar tactic used by Democrats which is “repeal to a third position”.
Using gay marriage as an example...
Gay marriage was not allowed because marriage licenses could only be issued to a man and a woman, and they knew the voters would never in a million years pass a law saying gays could get married.
So they pass a law saying gay marriage is illegal, but they word it so badly that a friendly liberal judge tosses it out as unconstitutional, and so they “repeal” it.
It used to be that when you ‘repealed’ something you went back to the way things used to be, but they went to a new (third) position... Since gay marriage could not be made illegal, it must be legal.
When liberals want something that they know voters would never approve, they ban it- then go to court to get the ban ‘repealed’.
That’s how you make new law by judicial fiat.