Trump's Road to Supreme Court Is Neither Fast Nor Certain
President Donald Trump said he will go to the U.S. Supreme Court because he wants “all voting to stop,” as he tries to hold on to early leads in key battleground states. He won’t be able to go there immediately and it’s not clear he has a legal argument that could affect the outcome of the election.
Cases typically work their way to the nation’s highest court after a ruling by a local judge and then other appeals courts. In 2000, it took more than a month before the Supreme Court issued the landmark Bush v. Gore ruling that ultimately decided that year’s election.
The Supreme Court has only limited power to sway the outcome of the election. Trump would need to raise specific legal objections -- under either the Constitution or a federal statute -- that could swing a pivotal state.
“The election could end up in #SCOTUS only if a tipping-point state is close enough that a pool of votes subject to a non-frivolous challenge (say, late-arriving absentee ballots in PA) is outcome-determinative,” tweeted Stephen Vladeck a constitutional law professor at the University of Texas. “Just because we don’t have a result now doesn’t mean that’s likely.”
https://www.bloomberg.com/news/articles/2020-11-04/trump-s-road-to-the-supreme-court-won-t-be-as-quick-as-he-wants?srnd=politics-vp
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