How the Supreme Court could reshape the 2024 race — again
PoliticoHeading into the court’s opening session on Monday, the justices have agreed to hear 40 cases this term. The Democratic National Committee and others have sued in state court over the election board’s moves, but legal experts say the issue could wind up at the Supreme Court either before or after the election. “If the election is very close — like Bush versus Gore close — so that the margin of victory is smaller than the potential margin of error … then of course, you’re gonna have a ton of lawsuits, and those are going to end up eventually at the Supreme Court,” UCLA law professor Richard Hasen said. “I don’t think they’re right, but I don’t think those arguments are crazy, either.” Another Jan. 6 fiasco When the Supreme Court ruled earlier this year that states lack the power to unilaterally bar candidates for federal office — like Trump — from the ballot under the Constitution’s provision making insurrectionists ineligible to hold office, most of the justices in the court’s conservative majority seemed to want to nail that door firmly shut. “I don’t feel like this court is particularly anxious to resolve another presidential election, which isn’t to say there might not be one or two or three justices who would be,” said Tokaji.