This could be the key Bob. If the court still wants no part of what they termed: "electing the next president" than they already know that the military will do what they could not. The bigger question than becomes do the Supremes (Roberts and his handlers) want to let the military decide when they could have decided if they took the case? Inquiring minds...
When that happens we can disband the Supreme Court and close the doors. Actually, when they refused to address the unconstitutional non-legislative intrusions into state election law they pretty much rendered themselves null and void. If the Constitution can be freely violated without review then why do we need the SCOTUS?