The pathway to the court in 2000 Bush v. Gore was over the authority the state of Florida had to reject some ballots, like provisional and overseas that arrived late, not over declaring who won the state. They simply ruled that it was the Florida legislature who had jurisdiction over the election count, which allowed the Secretary of State to certify the totals after the two recounts, which put W ahead by a little over 500 votes, leaving out a majority of the uncured provisional ballots.
States have laws or constitutional provisions regarding the selection of electors and the procedures established for counting and certifying votes. They can't just arbitrarily abandon a vote total. It's protected by law. In fact, there's a county supervisor now who is under indictment, and another who just plea bargained, because the law is clear that they don't have the authority or expertise to determine the accuracy of a vote count. There must be a legal basis allowed under state law for throwing ballots out before that can happen. Some states can throw out provisional ballots, others can't. But there are Democrats watching every polling and counting location.
If they weren't losing every battleground state, they wouldn't need to try this.
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