Except Giuliani didn't raise any constitutional issues in the 3d Circuit-- only whether he should have been allowed to file a third version of his complaint. Even if he won that, it would entitle him only to go back to the same trial judge and start over. So my bet is SCOTUS refuses to hear this case.
Go back and check. I heard Giuliani in a press conference list the fraud and the Constitutional issues of equal protection.
We may be thinking different lawsuits but for sure Rudy had his team build in constitutional issues because they knew that all would end up there.
Otherwise you think POTUS’s team of lawyers are stupid and it would be mighty stupid of you to think that which given the low caliber of some posters on FR would not be surprising.