I know voting rights are protected by Federal law, but can someone please cite me the Federal statute that gives voters the right to demand recounts in any election?
8 SCOTUS members, deadlocked 4:4 is where you’ll find the relevant law.
In case of a tie, the lower Court ruling is affirmed.
But. That requires it be a Federal case, not a State case that would move through the State Court system.
Forum shop to get a decision and an appeal in the hands of the right Judges in the Federal Court system has been the goal all along.
That said, the ball is in the GOP’s court, and always has been. Even if the Dems can get a ruling ceding them PA, WI, and MI (not likely, this is the hailest of Marys), the Congress can simply refuse to validate those new stolen electors and then the decision would fall to the House. Rinos or not, the party would have no choice but to defend their President. Failing to do so would be worse than voting for Obamacare.
Personally I think their end game isn’t to “win”, but to destabilize the EC. If they can force the House to intervene, they’ll scream for a PV with the moral indignation of the bonfires of Hell.
Assume that any Federal Judge that takes this case knows that a deadlocked SCOTUS assures that their decisions can be played for effect.