Experts predict Supreme Court likely to stay out of 2024 presidential election

Election lawyers and experts say it is unlikely the U.S. Supreme Court will take up an election-related case after Nov. 5, let alone cast the deciding vote.

"It's got to be super, super close," Jason Torchinsky, partner at Holtzman Vogel, told Fox News Digital. "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," Torchinsky said. 

Congress amended the Electoral Count Reform Act in 2022 (ECRA) which expedites potential litigation and specifies that the vice president's role during the joint session is "ministerial in nature." 

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The statute says that "any action brought by an aggrieved candidate for President or Vice President" will be heard by a district court with a three-judge panel. It is then "the duty of the court to advance on the docket and to expedite to the greatest possible extent the disposition of the action." 

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