“I think the lawsuit asks the court to give the state legislators the ‘go-ahead’”
I still say that it’s a mistake to even imply that the Judicial Branch has any say in whether or not the Legislative Branch can exercise its Constitutional authority.
This gets to the entire purpose of the separation of powers. One of the great failings of Trump’s first term was the tendency to defer to improper rulings from rogue federal judges. Ridiculous rulings that should have just been ignored created years of delays as appeals were filed.
The Judicial Branch has no more power or authority than the Executive or Legislative Branch. We might just as well ask the legislature to pass a bill giving the Supreme Court permission to make a ruling.
I think the judicial branch does have a say on whether they deem the evidences presented cast doubts on the election’s integrity.
They probably will not rule outright that the election is invalid, but they can pass it back to the state legislators to do the job by giving them the SC’s own ‘reasonable doubts’ as to the integrity of the election.
In other words, we are trying to get the ‘opinion’ from the SC to guide and incentivize the state legislators to carry out their constitutional duty