Summary
The involvement of the Supreme Court in the 2024 election law disputes is a significant concern as the court begins its new term amid a contentious political climate. Legal experts anticipate that the court may face various challenges related to election procedures, voter eligibility, and ballot counting, potentially influencing the outcome of the presidential race.
As the election approaches, multiple lawsuits have already been filed by both parties in key battleground states, addressing issues such as mail-in ballot procedures, voter registration practices, and certification processes. The Supreme Court’s past reluctance to intervene in election disputes, particularly following the controversial Bush v. Gore ruling, raises questions about how it will approach similar cases this election cycle. Legal scholars highlight three scenarios where the court could become involved: challenges to state court rulings on election law, controversies arising from the certification of electoral votes, and disputes during the congressional session to certify the Electoral College results. The court’s decisions in these matters could set precedents that shape the electoral landscape and public perception of its legitimacy.
Potential Scenarios for Supreme Court Intervention
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State Court Challenges: The Supreme Court may step in if state courts exceed their authority in interpreting election laws, as established in the Moore v. Harper ruling. This could involve reviewing cases where state judges make decisions perceived as overstepping judicial boundaries.
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Certification of Electoral Votes: After votes are cast, the court could intervene if states fail to submit their electoral slates on time. Recent changes to the Electoral Count Act have created ambiguities about the consequences of late submissions, potentially leading to legal disputes that reach the Supreme Court.
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Congressional Objections: During the certification of the Electoral College results, objections could arise regarding the eligibility of candidates, particularly if claims are made about a candidate’s actions disqualifying them under constitutional grounds. This could prompt the court to adjudicate on issues of electoral integrity and candidate eligibility.
Current Legal Landscape
The Supreme Court has already intervened in some election-related cases, such as a recent ruling on proof-of-citizenship requirements in Arizona. However, it has largely avoided taking on high-profile disputes that could alter election rules close to the election date, adhering to a principle of judicial restraint that seeks to avoid voter confusion. The court’s approach this term will be closely monitored, especially as the political stakes rise and litigation increases in the lead-up to the election.
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