For the sake of argument, let's say that the election results are in, and Biden won the popular vote and the Electoral vote.

Assuming that the new Supreme Court judge confirmed by the Senate will support Trump, what would Trump's camp need to do so that the election results end up in Supreme Court?

In other words, what's considered a "valid" complaint that constitutes taking the results to the SC?

  • 1
    This seems more like a question of laws and judicial procedures than politics, since you're asking about what could be considered valid court issues. If that's what you're interested in getting answered, you'd probably get a better answer over on Law SE than here.
    – Giter
    Sep 23 '20 at 22:34
  • 3
    I’m voting to close this question because it is more a question of law than politics.
    – yeah22
    Sep 24 '20 at 2:56

First, a lawsuit alleging some violation of a federal election law or the constitution would have to be brought in a state or federal court with jurisdiction over the state in which an irregularity was alleged. This is because the U.S. Supreme Court does not have jurisdiction to review questions of state law. Then, that case would be appealed from the trial court all of the way up to the U.S. Supreme Court.

The procedural history of Bush v. Gore, 531 U.S. 98 (2000) is an example of how this could happen.

Generally, a suit would need to be brought before Presidential electors are certified, or at least, before they cast their electoral votes. Disputes over the casting and counting of electoral votes are vested in Congress and are non-justiciable.

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