Two decades after Bush v. Gore, legal experts say the November election could also end up in the courts. Given the challenges of mail-in voting during the pandemic, a president who already says the election is rigged, and the potential for another round of foreign interference, the race for the White House may be litigated well after Election Day.
Richard Rifkin is legal director at the Government Law Center at Albany Law School, and previously served as assistant New York state attorney general and special counsel to the governor. In a new paper, Rifkin examines what role federal courts have in hearing election cases — and how this fall could play out.