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October 28, 2024

EXPERT: Supreme Court Likely to Avoid Election Cases

If Donald Trump loses this election, a slew of lawsuits are to be expected.

There is little doubt even among his supporters that if he loses, he will claim the election was rigged.

However, experts now believe that if Trump does go down that route, it won’t be the Supreme Court that will bail him out.

Sorry, Donald

The court has been hesitant to get involved in election cases, and that even includes the lower courts.

Many of the cases Trump brought were dismissed for lack of standing, which is just a cheap excuse not to get involved.

The Supreme Court has been even less enthusiastic about election cases, simply denying a review by the court, leaving lower court decisions to stand.

In order for any court to accept a case, there are going to have to be real teeth in the suit, not just conspiracy theories and movies made by Trump surrogates.

Jason Torchinsky, partner at Holtzman Vogel, which specializes in election law, stated, "It's got to be super, super close. 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.

"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.”

Greg Teufel, founder of OGC Law, commented on the Electoral Count Reform Act in 2022 (ECRA). He stated, "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.

“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."

He further backed up the point made above, adding, "There would have to be significant and provable fraud allegations or other serious violations of the law in the manner that elections are conducted or votes are processed."

For all of Trump’s claims, the suits either failed on their merits or were dismissed.

Many of the claims made by Trump were also investigated by state Republican election officials, and they also came up empty trying to prove that fraud impacted the outcome of the election.

Donald Trump and his diehard supporters will never believe that, which has set the stage for more allegations of cheating if he loses the 2024 election.

But let’s be honest here… regardless of what side wins, the other side is going to cry foul of some sort, likely resulting in protests, which will turn into riots.

As usual, the politicians will light the fire and runaway, and it is the American people that take the brunt of it.

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