I think the strategy is that since PA sent B-man over the top in the EC count, and since the equal protection argument was successful in Bush v Gore that’s the most promising avenue to have late mail-in ballots removed from the count.
The people sending in their ballots by mail were not validated to the same degree as those who voted in person.
Also, I heard Mark Levin say that when mail-in ballots were received that were not filled-out correctly, they helped people who voted Dem to correct their ballots but did not do the same for Repubs.
“since the equal protection argument was successful in Bush v Gore that’s the most promising avenue”
That’s the opinion in Bush v. Gore that got the most Justices signed. It was a little bit better for the factual situation in FL in 2000. They had different counting methods for different counties. That’s a pretty easy equal protection argument. Ginsburg wrote a dissent of some claptrap that basically said that equal protection is only for black people. God, she was awful.
Rehnquist, Scalia, and Thomas concurred in an opinion that stated that the Florida Supreme Court exceeded its authority because Article II gives the process exclusively to state legislatures. 4 Justices disagreed with this, while two simply didn’t address it. Only Breyer remains of those who argued against it.
I guess we will eventually see what Bush v. Gore opinion Roberts, Alito, Gorsuch, Kavanaugh, and Barrett like best. I doubt that Thomas and Breyer have changed their minds on the matter. The Supreme Court is very different now. Only Thomas and Breyer are holdovers.