I think the defendant states will argue that the plantiff states didn't suffer damages. If the defendant states didn't follow the constitution then the damages wereally suffered by the people of those states and the case belongs at the state level.
As cosigners to the Constitution, those four states are fiduciaries to all its wherases and clauses. Each state sets the rules on the "time and manner" in which it carries out elections, but it then must abide by those rules. That is the nature of a contract. Georgia, Michigan, Pennsylvania and Wisconsin used extra-constitutional measures on the fly to extend the "time and manner," with no effort to seek a legislative remedy.
SCOTUS could remand the results back to the states for an audit or some other remediation, as opposed to wiping out the electoral votes - which is the best case scenario. But who knows? We've never been in this spot before, so we are witnessing precedent.
I think the defendant states will argue that the plantiff states didn't suffer damages. If the defendant states didn't follow the constitution then the damages wereally suffered by the people of those states and the case belongs at the state level.
That would not be a winning argument, IMHO.
As cosigners to the Constitution, those four states are fiduciaries to all its wherases and clauses. Each state sets the rules on the "time and manner" in which it carries out elections, but it then must abide by those rules. That is the nature of a contract. Georgia, Michigan, Pennsylvania and Wisconsin used extra-constitutional measures on the fly to extend the "time and manner," with no effort to seek a legislative remedy.
SCOTUS could remand the results back to the states for an audit or some other remediation, as opposed to wiping out the electoral votes - which is the best case scenario. But who knows? We've never been in this spot before, so we are witnessing precedent.