Does Bill Frist really think they haven't already started writing the arguments? Does anybody here think that?
It would be a serious error to appeal this case to the USSC.
States choose their Senators. They are explicitly allowed to make the rules for this process, and their courts are the appropriate forum for resolving disputes.
Instead of worrying about how and why RAT states appoint or elect RAT Senators, why isn't Frist (and Bush)worried about the eleven RAT Senators from states that Bush won in 2000 by >54%?
If we had the same ratio of GOP/RAT Senators from states that Bush won as the RATs have from states that Gore won, the Senate would be 62-38 GOP.
New Jersey wants a RAT Senator-no surprise there. Let's win where we should win, and the rest will take care of itself.