President Trump vowed to go to the Supreme Court if the ballot count swings to Biden in what is a very tight Presidential race.
However, before that can happen Tulane Law Professor Steve Griffin says the President has to go first through the Secretary of State.
“If the Secretary of State and the local officials believe all the relevant rules are being complied with, then it is going to be really hard for either of the campaigns to win a lawsuit based on the assertion of irregularities,” said Griffin.
He says there could be lawsuits in some states where there is no clear law on counting ballots, especially mail-in-ballots, after Election Day.
“It doesn’t mean any of these lawsuits will ‘pan out’ and certainly President Trump doesn’t have any way to jump in to the Supreme Court, that is not how the system works,” said Griffin.
If state officials are following the state’s voting laws, then ballot counting will continue and no court, Griffin says, will intervene unless there is evidence of voting fraud willfully done by the state.