The threat of election chaos looms as the Supreme Court returns to action
The Supreme Court returns from its summer break on Monday with a new slate of cases to decide, but it is an issue not even on the docket yet that is the center of attention: the upcoming presidential election.
WASHINGTON — The Supreme Court returned from its summer break Monday with a new slate of cases to decide, but it is an issue not even on the docket yet that is the center of attention: the presidential election.
The prospect that the court, which has a 6-3 conservative majority, including three justices appointed by Republican candidate Donald Trump, could be asked to weigh in on cases before and potentially after the election is high. It happens during every election.
But whether disputes that arise will be blockbusters like the 2000 Bush v. Gore case, which effectively decided the outcome in favor of George W. Bush, or duds like the various attempts to overturn Joe Biden's win in 2020 remains to be seen.
Unlike lower courts, the justices decide what cases they hear, and in most situations, as with Trump's efforts in 2020, they decline to intervene.
"There’s going to be something," said Nate Persily, an election expert at Stanford Law School and an NBC News contributor. "I don’t think they are going to hear a case before the election, but there will be attempts to draw them in."
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