[xzins]

The 6th is notorious for actually following the law.

The 4-4 Scotus would then revert back to the 6th, so the 6th is the issue.

Wouldn’t she have to show some error in interpreting MI law to appeal to the 6th?

[Cboldt]

The 6th has already ruled against her, by saying the feds would butt out in deference to state law.

If she appeals to the 6th, it would be on the grounds that they volunteered deference to state law before she lost on the issue of "right to recount" in the federal court below. Her argument isn't that there is an error in interpreting state law, it is that the US constitution requires recounting in order to validate the contest, and that recounting is a constitutional right (pretty much of everybody), necessary to insure the integrity of the contest.