They’re doing this because success would set up factual predicates to support invoking the Insurrection Act. The Insurrection Act is invokable when state governments are actively disobeying federal law.
They’re not invoking the Insurrection Act right at this moment, because with the facts they have right now, they’re not confident they’ll win the case in court. (And they may also lose a voting majority in Congress on the matter.)
They’re doing this because success would set up factual predicates to support invoking the Insurrection Act. The Insurrection Act is invokable when state governments are actively disobeying federal law.
They’re not invoking the Insurrection Act right at this moment, because with the facts they have right now, they’re not confident they’ll win the case in court. (And they may also lose a voting majority in Congress on the matter.)