Did Arenbeck posture his case for consideration by SCOTUS?

[merh]

I was reading an article written on the Ohio electin contest laws. The last footnote peeked my curiosity.


29. Other commentators concur that compliance with the federal safe harbor provision is unlikely using Ohio’s statutory provisions. See Hugh M. Lee, Does Bush v. Gore’s Promise of Due Process in Federal Presidential Elections Create a Right Without a Remedy?, 13 STAN. L. & POL’Y REV. 53, 71-72 & n.106 (2002) (concluding that the mandatory provisions of an election contest under Ohio R.C. 3515.08—.10 would take more than thirty-five days).

http://moritzlaw.osu.edu/electionlaw/procedures_recount05.html

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Does this mean that since Arenbeck has tried to pursue the remedies available under Ohio state laws and has been shot down, is he in a better position to file a challenge with SCOTUS, since Ohio state statues don't comply with or provide adequate remedies as required by the federal safe harbor provisions? :shrug: