They WILL and they ARE taking up the case. According to Thomas, there is no option to not take up an Original Jurisdiction case (OJ’s are in the minority, most are appeals).
I think the most likely is sort-of a punt, but not really: Rule that the electors are invalid, and the legislatures must pick new ones.
Then, each of those four legislatures could choose Bitem electors or Trump electors. SCOTUS need not “select” a POTUS.
But, the net effect is - SCOTUS selecting electors, but indirectly. Kind of like sharing the selection.
They either have to go all in or do n nothing ..half measures will not work..
Your analysis is good. Do you happen to have a link to Thomas actually saying this?
*BUT*
If that happens, the state GOP majorities in those states would have to STAY UNIFIED in order to pick Trump electors.
They would have very little margin for defections. (Remember RINOS?)
So in the end, I am not optimistic.
“I think the most likely is sort-of a punt, but not really: Rule that the electors are invalid, and the legislatures must pick new ones.”
But that would not really be a punt, because such as ruling is exactly why the Texas case was filed.
SCOTUS has declined OJ cases. There are plenty of grounds, and when you are a literally hallucinatory body, you can invent new reasons to dodge. Especially so in "unprecedented" situations.
All they need to say is that the decision is up to legislatures, who have more power than courts do in election matters.
There is no legal obligation to be consistent. They can be inconsistent without penalty under the law.
God bless Thomas. He's a good man. The Court can go to hell.