Anticipating Legal Turbulence: The Supreme Court Braces for Election-Related Cases

The U.S. Supreme Court is preparing for a potential wave of election-related litigation, with nearly 200 cases already filed in courts across the nation this year. Following the contentious 2020 election, former President Donald Trump and his allies filed more than 60 lawsuits challenging his loss to President Joe Biden. While some of these cases eventually reached the Supreme Court, the justices declined to hear them, leaving the lower court rulings in place.

This year, Trump is seeking a return to the White House, facing Democratic Vice President Kamala Harris in what polls suggest is a close race. With Election Day on Tuesday, several legal challenges have already been submitted to the Supreme Court, including a case concerning Pennsylvania mail-in ballots—an issue reminiscent of the 2020 disputes.

Experts anticipate a new wave of post-election lawsuits, especially if the outcome is unfavourable for Trump. David Becker, executive director of the Center for Election Innovation & Research, commented, "The question isn't whether these claims will be brought, but whether the court will entertain them at all. Chances are, it won’t."

In recent months, the Supreme Court has issued rulings that indirectly benefit Trump’s campaign. In March, the court overturned a Colorado decision disqualifying him from the Republican primary ballot under constitutional provisions related to insurrection. In July, it also ruled that he possesses broad immunity from criminal prosecution concerning his attempts to overturn the 2020 election results.

Since January, courts across 40 states have already seen a surge in pre-election litigation, with 196 challenges filed so far, according to Democracy Docket, a litigation-tracking site founded by Democratic election lawyer Marc Elias.

  

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