I don't see SCOTUS effectively stripping state courts out of the process to apply state law to the conduct of federal elections, now do I see SCOTUS ruling that states have no power to pass their own laws regarding the conduct of federal elections, except though the legislative branch, cutting out both the governor signing or vetoing the legislation, and the state courts from interpreting it.
I think SCOTUS is taking it up to kill it.
I reserve the right to revise and extend my remarks at a time of my own choosing.
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3731755Squibb from the NYT:
In an earlier encounter with the case in March, when the challengers unsuccessfully sought emergency relief, three members of the U.S. Supreme Court said they would have granted the application.
“This case presents an exceptionally important and recurring question of constitutional law, namely, the extent of a state court’s authority to reject rules adopted by a state legislature for use in conducting federal elections,” Justice Samuel A. Alito Jr. wrote, joined by Justices Clarence Thomas and Neil M. Gorsuch.
Justice Brett M. Kavanaugh agreed that the question was important. “The issue is almost certain to keep arising until the court definitively resolves it,” he wrote.
But he said the court should consider it in an orderly fashion, he wrote, outside the context of an approaching election. He wrote that the court should grant a petition seeking review on the merits “in an appropriate case — either in this case from North Carolina or in a similar case from another state.”
