“The President is elected by a majority, not of possible electors (270), but by a majority of electors ACTUALLY APPOINTED (it says that, right in Article II and again in Amendment XII).”
Clinton will want the court to decide that argument. Perhaps another reason why they didn’t want Scalia around.
Per the Constitution, Congress is the final decider. It has the sole Constitutional authority to count the votes of the Electors, and to decide who won,