Regarding Standing
Because individual citizens may arguably suffer only a generalized grievance from Electors Clause violations, States have standing where their citizen voters would not, Lance v. Coffman, 549 U.S. 437, 442 (2007) (distinguishing citizen plaintiffs from citizen relators who sued in the name of a state). In Massachusetts v. Environmental Protection Agency, 549 U.S. 497 (2007), this Court held that states seeking to protect their sovereign interests are “entitled to special solicitude in our standing analysis.” Id. at 520. While Massachusetts arose in a different context — the same principles of federalism apply equally here to require special deference to the sovereign states on standing questions.
On the question of relief
Second, the relief that Plaintiff State requests — namely, remand to the State legislatures to allocate electors in a manner consistent with the Constitution — does not violate
Defendant States’ rights or exceed this Court’s power. The power to select electors is a plenary power of the State legislatures, and this remains so, without regard to state law: This power is conferred upon the legislatures of the States by the Constitution of the United States, and cannot be taken from them or modified by their State constitutions …. Whatever provisions may be made by statute, or by the state constitution, to choose electors by the people, there is no doubt of the right of the legislature to resume the power at any time, for it can neither be taken away nor abdicated.