Cort’s case is “easier” to deal with, in that it had no judicial misconduct allegations.
***It looks like Leo learned a bit too late that he was fouling the nest, as the congressman said.
Also, it’s been discussed in some circles that Leo’s case would have penalized the NJ SOS and opened a big can of worms that could have done a lot of damage.
The “bad” election laws are the responsibility of the state legislatures, i.e, SOS Presidential eligibility verification. BTW, my personal belief is that SOSs have an equal responsibility to uphold the Constitution (i.e., verify presidential eligibility), per their oath of office. That is a political question — Leo’s SCOTUS case could have been a balance of power issue between the Judicial and Legislature.
Cort’s case does not raise this issue (as I understand it). “The lower court papers are cleaner.”