They can. Want to bet on that happening? No chance. They will kick it back to the legislatures..... who have zero backbone
Maybe and maybe not. With what I see breaking out on the National Security news they better. There are very serious issues going on here which will go way beyond the courts. The only thing that will matter is the power of the iron fist and don’t think it won’t happen because it very well can from what I’ve been seeing from places you can’t.
“...zero backbone ....”
Now if the shoe was on the other foot & these were Rat controlled legislators they’d seize that opportunity in a heartbeat. Rats have party discipline, its all about the revolution and\power. Also they don’t care what you think of them if they. Hate them all you want call them names if they have power they don’t care. Besides they will later make you regret you said anything. Now Republicans who have been in office a long time want to be liked, they’ll quiver in the corner if you call them names. They are satisfied with just enough power to line their pockets.
If the legislatures in question do nothing, then they basically abdicate election law to the sitting SOS and governor.
Next election, the SOS and governor can propose that only Dem votes count and who will stop them? - the precedent will have been set.
There are lots of options for the legislature to claw back their authority, but they all take backbone.