I think this is the same strategy as Floriduh 2000. Parallel legal action. If NJSC rules in their favor, I believe that would nullify the federal action (depending on what they ruled). They could then withdraw the USSC petition if necessary.
The petition to the Supreme Court is NEVER filed before the lower court has ruled. The decision which the losing party (whichever one that is) wants reviewed, must present that decision as an exhibit to the US Supreme Court petition. The Republicans are getting ready to go up (as are the Democrats, in case they lose). And on the sidelines, folks like me are drafting their briefs in favor of the parties. Mine will, of course, be in favor of Doug Forrester and the third-party candidates.
Congressman Billybob
Click for "Til Death Do Us Part."
Click for "to Restore Trust in America"
Click for "Death as a Political Strategy"