A sane FR veteran speaks! This is correct.
But if all states appointed electors and some were were ultimately disqualified by SCOTUS because it was proven than the state fraudulently certified the election, it would seem that the number would stay at 270.
If SCOTUS had any such power, that would be true - but they don't. SCOTUS cannnot "disqualify Electors" once they are appointed, that's a reserved power of State Legislatures.
SCOTUS has never disqualified electors. But it created a right of privacy to justify abortion. That was not in the Constitution. Right of privacy to kill a baby? As Biden would say, come on, man.
In this case, the argument may revolve around a fraudulent certification in a state denying equal protection of the law to perhaps up to 80 million people who voted for Trump. The power in naming electors is indeed left to the states, but it is Congress that can choose whether to accept them if there is a challenge. If they accept a state’s fraud, perhaps SCOTUS gets involved and sets an incredible precedent regarding the 10th Amendment. It really is important for state legislators to name competing electors. Will they have the guts to do it?
Yep, they said it. Equal protection of the law. They are going to argue not to allow a fraudulent certification to be counted.