Forcing the lower court to adjudicate and make a ruling is sometimes the SC best move. This forces more evidence out and then when the lower court rules against the Plaintiff (in this case) the Circuit Court and then the SC get to rip the ruling to shreds and point out all the flaws.
The SC does have original jurisdiction in all Constitutional issues, though, but obviously they have limited bandwidth so sometimes they make the lower courts do some work and set it up for them while they clear a spot in their schedule.
Remember that we do not them to rule in favor of the Plaintiff until around Jan 20, 2023 so Trump can serve 2 years + 4 years, so timing is important. Deep State could theoretically concede on this point and take the loss with Biden/Harris removal prior to Jan 20, 2023 and effectively neutralize Trump for 2024 (he would be ineligible).
Forcing the lower court to adjudicate and make a ruling is sometimes the SC best move. This forces more evidence out and then when the lower court rules against the Plaintiff (in this case) the Circuit Court and then the SC get to rip the ruling to shreds and point out all the flaws.
The SC does have original jurisdiction in all Constitutional issues, though, but obviously they have limited bandwidth so sometimes they make the lower courts do some work and set it up for them while they clear a spot in their schedule.
Remember that we do not them to rule in favor of the Plaintiff until around Jan 20, 2023 so Trump can serve 2 years + 4 years, so timing is important. Deep State could theoretically concede on this point and take the loss with Biden/Harris removal prior to Jan 20, 2023 and effectively neutralize Trump for 2024 (he would be ineligible).