“That is, assuming SCOTUS determined that the original 365 electors voting the POTUS question could remain in place.
And why would they not?
What article of the Constitution would allow the Justices to declare them invalid and remove them?”
The Constitution was written by honourable men who COULD NOT conceive that someone MIGHT try to pull a scam (if it is one) like this ...
Nor, could they put contingencies into the Constitution to handle EVERY possible situations like:
... Except for alternate Tuesdays, when the moon is full ...
This IS a situation where SCOTUS WOULD have to devolve to the concept of the Founding Fathers’ “original intnet”.
What WOULD the Founding Fathers have done, if presented with this situation?
Would they JUST say:
OH WELL, the electors were selected on the basis of a perpetration of a fraud but they can stay since WE DID NOT plan for this contingency in the Constitution ...
PREPOSTEROUS!
They would have said:
THROW the bums out!
Has there been any news today from the SCOTUS that I missed? I thought today was the day the first suit made it to the conference at which they see if 4 of ‘em want to take it.
Based on the Constitution itself. And nowhere in that document is there any hint of the possibility of a do-over election. Nor is there any need for one now. If Obama is found to be ineligible, the Constitution lays out in detail in the 20th Amendment on how to deal with that.