quick analysis i heard was SCOTUS has had a chance to rule (this years cases) and has been leaving it up to the states. That smells very much like John Roberts carve out -he's a snake that finds ways not to rule on the merits .
Which is why we need 9 judges to settle the election and not let stand lower courts ruling in case of a tie
Pertinent phrase: "has had". Past tense.
With RBG gone...