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[–] phw 0 points 1 point (+1|-0) ago 

Likely. I can think of a few ways this might end up in front of the SCOTUS, mostly because states have too much autonomy over running their own elections for "National Popular Vote" to be a meaningful thing.

  • The national vote is close even though no individual state is. A compact state demands another state do a recount and gets told to where to stick it.
  • Any state enacts a voting reform incompatible with NPV. Instant Runoff Voting is one such reform that has already been implemented in at least one compact state for non-presidential elections. IRV is a particularly fun example because if every state used it you could have, albeit under very unusual circumstances, an election where Jill Stein wins the IRV in every state and electoral district and is poised to become president with all 538 votes, until the compact states give their votes to Donald Trump because he won the National Instant Runoff Vote.
  • A non-competitive state used any of several legal or illegal means to run up the score for their statewide winner. IRV shows up again in this column since instead of having runoffs until majority, they could be run until unanimity. Also things like kicking a major candidate off the ballot, or lowering the voting age to 15, or giving voting rights to non-citizen residents.