Supreme Court will mostly stay out of election-related cases: Report

By 
 October 27, 2024

The 2020 election changed the landscape of legal battles regarding election outcomes, with a record number of cases filed for voting-related issues in American history.

According to Fox News, given the high stakes and the continued fallout from the 2020 election, experts are now predicting that short of extraordinary circumstances with vote totals, the U.S. Supreme Court will likely steer clear of any election-related decisions. 

Some experts believe that SCOTUS will only get involved regarding "significant" evidence of fraud or other egregious circumstances.

While SCOTUS might not be the go-to court for such issues, one can be sure that the federal and state courts will have their fair share of election-related cases in the coming months.

What's going on?

Jason Torchinsky, partner at Holtzman Vogel, explained to Fox News why he believes the high court will not step in for most election-related cases.

"It's got to be super, super close," Torchinsky told Fox News Digital. "If you look at the history of post-election litigation, the only places where it has been successfully outcome-determinative really are in places where the vote is just super close."

He added, "If there's a real issue, the Court will take it. If it's something that the Court doesn't think merits a higher-level view, then they'll summarily affirm."

Part of the thinking is that Congress amended the Electoral Count Reform Act in 2022 (ECRA).

Fox News noted:

The statute says that "any action brought by an aggrieved candidate for President or Vice President"will be heard by a district court with a three-judge panel. It is then "the duty of the court to advance on the docket and to expedite to the greatest possible extent the disposition of the action."

The outlet added that on an expedited nature, parties would be able to request a review from the high court.

"New route"

Greg Teufel, founder of OGC Law, explained that the amended law creates a "new route" for cases to hit the federal court system.

"It does kind of create a new route into the federal court for a specific limited set of issues being raised under the Electoral Count Act," said Teufel.

"There are very limited issues that can be raised under that Act, though. So it's not a broad expansion or increase in the likelihood of litigation, either in federal courts or litigation that reaches the U.S. Supreme Court, under the Electoral Reform Act."

Who knows what will happen this time around. The high court might have no choice but to get involved on some cases.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson