A Supreme Court appeal also would raise another delicate question. Would Justice Ruth Bader Ginsburg participate after the comments she made about Trump in July to The Associated Press and other news outlets?
She told AP then that she didn’t want to think about the possibility of Trump being elected and later called him a “faker” in an interview with CNN. Soon afterward, she said her comments were ill-advised and apologized.
Federal law requires recusal from any case in which a judge’s impartiality “might reasonably be questioned.” But at the Supreme Court, a justice alone is the final judge of whether to sit out a case.
A suit challenging presidential election results almost certainly would have to be wrapped up before Dec. 19, the date electors will meet.