Here’s What Role The Supreme Court Will (And Won’t) Have In The Election

With concerns on both sides of the political aisle about the integrity of next month’s presidential election, there are already rumblings of a possible Supreme Court battle over the results.

It wouldn’t be the first time

Supreme Courts — either at the federal or state level — have played a role in determining elections in the past. Perhaps the most notable example is the dispute in Florida that resulted in President George W. Bush being declared the winner of the 2000 race.

This year, the Pennsylvania Supreme Court decided not to take up one case involving allegations of voter disenfranchisement over fears that doing so could influence the election outcome.

As for whether any other state Supreme Court or the nation’s top court might play a role in deciding the winner of the Trump-Harris race, that depends on a few factors.

Short term vs. long term

Compared to the 2020 election, this year’s race doesn’t present many election law changes likely to trigger Supreme Court cases ahead of Election Day.

But in the weeks and months thereafter, certain events could lead all the way to the high court. Legal experts say that a close election called in favor of either candidate is likely to spark immediate disputes in court.

If such a dispute drags on, it could result in a laborious review of ballots and election-related records that is ultimately appealed all the way to the Supreme Court.

Furthermore, there are already a number of lawsuits underway … although it’s worth noting that many of them appear to be based on shaky legal ground.

So it’s possible (though probably unlikely) that Supreme Court justices could be called on to determine the winner. If that happens, it’ll be crucial for them to fulfill their role of interpreting — not influencing — the law.

Chris Agee October 11th, 2024

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