Including the invalid consent decree. SCOTUS could have taken that argument away from Trump/Pence by ruling on the Texas case, or even the pending Trump cases. By not doing so, they leave this argument to be made on the 6th. I love this argument since it can't be rejected based on a "not enough evidence" knee-jerk response to fraud allegations. A lot of ground is gained by adding this element to the objections on the 6th - a very good strategy.

Including the invalid consent decree. SCOTUS could have taken that argument away from Trump/Pence by ruling on the Texas case, or even the pending Trump cases. By not doing so, they leave this argument to be made on the 6th. I love this argument since it can't be rejected based on a "not enough evidence" knee-jerk response to fraud allegations.