Replies

A growing number of judges have been paying attention - and they know SCOTUS is also paying attention.

SCOTUS is paying attention, but trying hard to stay out of the dispute as much as it can. It does't want to appear political, especially because President Trump wanted Justice Barrett confirmed to address election disputes. If she now decides an election case in Trump's favor, the court appears political.

Yet, de Tocqueville wrote long ago, There is hardly any political question in the United States that sooner or later does not turn into a judicial question. Things are percolating through the court system, and SCOTUS could jump in any time it wants. The Bush v. Gore equal protection of law precedent is plainly there. The question is does it want to decide the election, or does it defer to the state legislatures to police their delegation of power? Ultimately, how states appoint their Presidential Electors is a matter for the state legislators to decide. Voting for a slate of electors by the citizens is a privilege granted by the legislature, not a constitutional right, per se.