Neither of you have refuted my claim about the powers of SCOTUS to take on this case, only what you think it should do.
Next point?
I never said SCOTUS does not have authority to review the 3rd Circuit’s opinion.
But the 3rd Circuit opinion is a very narrow decision. It merely said the District court did not abuse his discretion in denying leave to amend.
If SCOTUS grants cert, that will be the question that it reviews. There are no other questions.
Should SCOTUS grant cert, the best-case scenario is a final ruling as follows: “We hereby find that the District Court abused its discretion in denying leave to amend. We hereby reverse, and remand the case to District Court with instructions to allow Plaintiff to file a Second Amended Complaint.”
So DJT will have to go back to District Court with a Second Amended Complaint, then file another motion, but this time, the motion would not seek an order stopping certification of election results, but reversing it. This will require full-blown evidentiary ruling, all in compressed time window.
I am not saying this can’t be done. I am just saying none of this is an easy feat.