The problem is still procedure. The Colorado case was an appeal from the Colorado Supreme Court. Bush v. Gore was an appeal from the Florida Supreme Court. Appeals from State high courts are governed by a writ of certiori. But this would be an appeal from a NY trial court (which, ironically, is called the “supreme court” but it has a different meaning in New York).
Mark keeps making vague references to “common law writs.” Well what is this writ that allows the SCOTUS to yoink a case from a state trial court? It’s not a writ of habeas corpus, it’s not a writ of mandamus (those are the only two whose names I remember). I’d love to hear it. But I’m skeptical.
Agree: and the clock is running.