Electors will be chosen on Monday, as far as I know.
I know they are no scheduled for an argument day before then. Do they ever hear arguments on weekends? Even in extreme situations where they have original jurisdiction?
The Texas lawsuit seemed to be pre-planned, so the timing must have been intentional.
I can't imagine we could get house of reps support to bump the elector selection date back further.
There is nothing in the constitution mandating that electors vote on 12/14. I believe that date comes from federal statute along with the 12/8 safe harbor date. The one date before 1/20 that is in the constitution is 1/6. The electors need to have voted by that date or else we get a contested election.
If SCOTUS takes on the case, they will probably issue a preliminary injunction preventing the MI, WI, PA, and GA electors from voting until SCOTUS has heard the case and issued an opinion.
It is set in statute, but the power to set it in statute is explicitly granted to congress in the constitution. The whole argument in the Texas case is that only the legislatures are given power to choose the manner that the electors are chosen. It would be odd for SCOTUS to uphold that argument while ignoring the above clause.
If that’s the case, a SCOTUS injunction might affect ALL electors, and not just the affected states.
Texas filed its reply, now it's back to SCOTUS to issue an order. SCOTUS hasn't just shot it down immediately, so some people think this means they're coming up with something. Some order may come out later today, or early Monday.
linky