“Why the Supreme Court Might Cast the Final Vote for President”

Aziz Huq for Politico:

Three paths already exist for the Supreme Court if it wants to reshape the 2024 outcome.

The first path lies through a challenge to a state court’s ruling on state election law. The Supreme Court ordinarily hears only federal law cases. But a 2022 decision in Moore v. Harper held that the justices could step in if state judges “exceeded the bounds of ordinary judicial review” in ruling on state election law. The justices never clarified what this vague language could entail. This means they have a free hand to second-guess state courts’ state law decisions when it comes to federal elections….

A second path for the court opens after votes are cast. After a state’s winner is declared, a slate of electors must then be “certified” by each state before the Electoral College convenes to formally anoint the next president. What happens, however, if a state fails to submit its slate to Congress in time?…

The third path to the court opens up after a joint session of Congress has convened to bless the Electoral College tally. It is the least likely to unfold — perhaps happily, because it would also be the most explosive.

As it happens, I have my own piece posting on this topic shortly….

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