[Norm Lenhart]

There is one reason. The GOP took power. Thats it. Had the dems won again, the USSC would have codified it.

[Jabba the Nutt]

The Supreme Court follows the election returns. And in the original Irish from Peter Finley Dunne:

""No matther whether th’ constitution follows h’ flag or not, th’ Supreme Coort follows th’ election returns” wrote Finley Peter Dunne (1867-1936) in 1901, through his comic character Mr. Dooley."

Or at least Chief Justice John Roberts does.