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The theory is absurd—under a basic legal principle known as laches, it’s impermissible to contest the results of an election you lost simply because you didn’t like the rules, when you could have challenged those same rules before the election was held.

She said the states' action was more akin to law enforcement so "laches," which forbids an unreasonable delay in filing, would not apply.

He said that laches should apply because the state lawsuit was more of a class action and less law enforcement, and that the actions described "occurred years ago and did not cause antitrust concern at the time."

Now there may be many responses to such arguments, including arguments like laches—you can’t start raising these arguments after an election when things don’t go your way.

Others are more lawyerly and contain terms like “unconscionability” and “laches.”