bripat9643
Diamond Member
- Apr 1, 2011
- 170,169
- 47,316
Thanks for telling us your fantasy where you presume to tell the SC what it will do.I think it probably already is outside the bounds of federal law for SCOTUS to stop this given we are well past the safe harbor.
There's a constitutional mechanism for challenging electors after they've been made and it has zero to do with SCOTUS. I can't see SCOTUS crafting a whole new extraconstitutional mechanism when there is no need for one.
Once the EC votes, it's in the hands of congress. And congress can by agreement of both houses throw out the votes from any state that did not select their electors by "safe harbor" day.
The safe harbor, 3 USC 5 ties congresses hands to only those electors where the states electors are in controversy. Such as a state selecting two sets of electors, or couldn't make up their mind 6 days before the vote.