Could this year’s presidential election deliver a Bush v. Gore redux? Unlikely, say experts, for reasons of both law and math. The neck-and-neck race between Donald Trump and Kamala Harris is fueling visions of a sequel to the 2000 ruling, which sealed Republican nominee George W. Bush’s victory over Vice President Al Gore. This go around, a Supreme Court showdown might favor Trump given its six-justice conservative majority, which includes three members appointed by the former president. Justices of the Supreme Court But the court of late has shrunk the universe of election-determining subjects that could land there. Last year, it rejected a Republican-backed argument that would have given the justices sweeping power to overturn state courts when they interpret their own election laws. The high court has also said that federal judges – a category that includes the Supreme Court itself – generally shouldn’t change a state’s voting rules just before an election. Arithmetic also works against a theoretical Trump v. Harris blockbuster. Bush v. Gore mattered because the outcome hinged on fewer than 1,000 votes in a single state, Florida. By contrast, the court wouldn’t intervene in 2020, when Trump needed to flip his defeat in at least three states. “You need one state being a tipping point and a very narrow margin of victory,” said Derek Muller, a University of Notre Dame election-law professor. “And then you need some kind of hook that gets the Supreme Court’s attention.” Cases are starting to make their way to the court. On Monday alone, Virginia asked the high court to revive a state voter purge, and Pennsylvania Republicans made a bid to stop people from getting a second chance to vote if their mail-in ballots are rejected as incomplete. Still, chances of another Bush v. Gore are “pretty small,” said Joshua Douglas, a University of Kentucky election-law professor. “The court is not going to want to get involved unless it absolutely has to.” — Greg Stohr How will the US election impact your money? Bloomberg News experts will answer your questions in a live Q&A on Oct. 30 at 10:30am ET. Send questions to bloombergqa@bloomberg.net and tune in here. |