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Experts predict Supreme Court likely to stay out of 2024 presidential election

Experts predict Supreme Court likely to stay out of 2024 presidential election

Election lawyers and experts say it is unlikely the U.S. Supreme Court will take up an election-related case after Nov. 5, let alone cast the deciding vote. “It’s got to be super, super close,” Jason Torchinsky, partner at Holtzman Vogel, told Fox News Digital. “If you look at the history of post-election litigation, the only places where it has been successfully outcome-determinative really are in places where the vote is just super close.” “If there’s a real issue, the Court will take it. If it’s something that the Court doesn’t think merits a higher-level view, then they’ll summarily affirm,” Torchinsky said.  Congress amended the Electoral Count Reform Act in 2022 (ECRA) which expedites potential litigation and specifying that the vice president’s role during the joint session is “ministerial in nature.”  ‘IDEOLOGICAL BALANCE’: SUPREME COURT’S CONSERVATIVE MAJORITY TO STAY NO MATTER WHO WINS ELECTION, EXPERTS SAY The statute says “any action brought by an aggrieved candidate for President or Vice President” will be heard by a district court with a three-judge panel. It is then “the duty of the court to advance on the docket and to expedite to the greatest possible extent the disposition of the action.”  HARRIS ENTERTAINS SUPREME COURT-PACKING QUESTION DURING TOWN HALL, SUPPORTS ‘SOME KIND OF REFORM’ Parties are then allowed to directly request review of the decision by the U.S. Supreme Court on an expedited basis.  “It does kind of create a new route into the federal court for a specific limited set of issues being raised under the Electoral Count Act,” said Greg Teufle, founder of OGC Law. “There are very limited issues that can be raised under that Act, though. So it’s not a broad expansion or increase in the likelihood of litigation, either in federal courts or litigation that reaches the U.S. Supreme Court, under the Electoral Reform Act.” Teufle noted that for an election case to be taken up by the Court, “there would have to be significant and provable fraud allegations or other serious violations of the law in the manner that elections are conducted or votes are processed.” Republicans and Democrats alike have initiated a flurry of election-related lawsuits ahead of Nov. 5, including a recent Georgia case finding that county election officials must certify results by the legal deadline despite suspecting fraud or mistakes.  Joseph Burns, partner at Holtzman Vogel, did note that Republicans may prove successful in election litigation based on the makeup of the Court.  “In terms of the makeup of the court, there’s no question you’ve got six appointees of Republican judges at this point,” Burns said. “And these are generally people who, I think, are going to interpret what needs to be interpreted, whether it’s a state statute or a federal statute. Their general philosophy is to adhere as closely as possible to the words of the statute.” “You have a more conservative-minded Supreme Court in that respect,” Burns continued. “And you certainly have Republicans generally making those types of arguments about courts interpreting statutes or state constitutions, for instance, in a stricter manner. So I think in that respect, given the arguments that each side generally makes, Republicans would be in better shape.” ANONYMOUS GOP SENATOR CONCERNED ABOUT GRASSLEY, 91, RECLAIMING KEY JUDICIARY COMMITTEE CHAIR: REPORT John Hardin Young, counsel at Sandler Reiff, however, told Fox News Digital he believes it is highly unlikely that the Supreme Court could decide the 2024 election, especially noting the conservative majority.  “I think that there’s now a sensitivity among the nine justices not to get involved unless it were absolutely necessary,” Young said. “There is, I think, somewhat of a bias in the majority on the Supreme Court to get involved if they believe that process is being corrupted or people who aren’t following the rules because the majority is, I think, very sensitive to democracy depending on people following the rules.” “There are just so many unknowns that we have to see how things play out,” said Jeff Weiss, professor at New York Law School.  Although the ECRA attempted to clarify and revise the casting and counting of electoral votes, Teufle said the law as a whole could become the target of litigation after Nov. 5.  “The entirety of the act may come under challenge if it’s utilized in a way that impacts the outcome of the election in a way that people view as improper, unfair or unlawful,” Teufle said. “Either side disappointed with how the electoral count goes could raise constitutional questions about the laws used and the process used to count the votes.”

Trump vows at Pennsylvania rally to slash energy costs, lift LNG pause and ‘frack, frack, frack’

Trump vows at Pennsylvania rally to slash energy costs, lift LNG pause and ‘frack, frack, frack’

Former President Trump vowed Saturday to slash U.S. energy costs in half if re-elected, seizing on oil and gas policies to draw a sharp contrast with Kamala Harris in the crucial swing state of Pennsylvania.  Speaking to voters at a rally in State College, Trump vowed to lift the U.S. pause on U.S. liquefied natural gas export terminals, embrace fracking and otherwise undo what he described as the “disastrous” energy policies enacted under the Biden administration. “Starting on day one of my new administration, I will end Kamala Harris’ war on Pennsylvania energy,” Trump told the crowd. “And we will frack, frack, frack.” BIDEN CLAPS BACK AT TRUMP IN FIERY PITTSBURGH SPEECH: ‘HE’S A LOSER’ Fracking, the process of using pressurized fluids to extract natural gas from shale rock, is a controversial technology and one Harris previously pledged to ban when seeking the presidency in 2019.  But fracking is necessary to access the vast gas resources tucked away in Pennsylvania. The state is not only a pivotal battleground state with 19 electoral votes. It’s also the second-largest natural gas producer in the U.S. Although Harris has repeatedly reiterated her support for fracking on the campaign trail this election cycle, some Republicans and gas groups have sought further assurances from the campaign as Election Day draws closer, citing the four years of mixed messaging they saw under Biden. In the absence of that clarity, Trump has attempted to fill in the blanks on Harris’ policies himself.  ​​VOTER REGISTRATION FRAUD PROBE INVOLVING 2,500 APPLICATIONS CONFIRMED BY PA. ELECTION OFFICIALS Harris, he said Saturday, has been against fracking “her whole life.” She’s been against “anything having to do with anything underground,” Trump told the audience. “She’ll build a windmill,” he said, “to kill all your birds.” Trump blamed Harris for what he views as the Biden administration’s failures on U.S. oil and gas production, including its outsize focus on electric vehicle manufacturing and production, the shuttering of aging power plants and the spike in energy prices, which increased by as much as 50% in the Keystone State. He described the U.S. natural gas export pause, ordered by President Biden in January, as “Kamala’s ban.” During a second term, Trump pledged, all that would change. “Your energy prices will be cut in half within 12 months from Jan. 20, which is when we would take over,” he told the packed stands of supporters, who responded with roars of applause.  Some had been lined up outside the central Pennsylvania arena for hours to hear Trump speak, long before the doors opened at noon, almost six hours before he eventually danced his way onstage. Several attendees said they’d been waiting since dawn to see Trump, and the promises made by the former commander in chief did not seem to disappoint them, if their cheers were any indication. “We’re going to fix it very fast,” Trump told the audience. “Kamala broke it, and I will fix it.”  Democrats, he said, “waged a war on your commonwealth like never before.”  “They annihilated your steel mills, decimated your coal jobs, assaulted your oil and gas jobs and sold off your manufacturing jobs to China and other foreign nations all over the world. “You’re going to come back under the Trump administration.” Trump vowed to remedy what he described as the “disgusting failures” of the Biden administration in the energy sector and beyond.  “This will be America’s golden age,” he said, “and every problem facing us will be solved.” Get the latest updates from the 2024 campaign trail, exclusive interviews and more at our Fox News Digital election hub

Trump, Stefanik campaign for vulnerable NY Republicans as Big Apple kicks off early voting

Trump, Stefanik campaign for vulnerable NY Republicans as Big Apple kicks off early voting

Former President Trump is campaigning for vulnerable House Republicans in New York Saturday evening alongside House GOP Conference Chair Elise Stefanik, R-N.Y., a source familiar with the effort told Fox News Digital.  Saturday also marked the first day of early in-person voting in the Empire State.  A source told Fox News Digital early voting would be a central focus of the telephone rally, or “tele-rally,” with key Republicans including Trump urging as many as 1 million listeners not to wait until Election Day to cast ballots. “New York is Trump country,” Stefanik said. “Hardworking New Yorkers support President Trump in record numbers. Far left New York Democrats like Kamala Harris and Kathy Hochul have failed our state, and their polling numbers are in free fall. I am incredibly grateful that President Trump continues to invest in our key battleground districts in New York.” CHECK OUT THE LATEST FOX NEWS POWER RANKINGS IN THE 2024 ELECTION Stefanik and her team are dialing out to nearly 1 million Trump supporters in a bid to raise enthusiasm ahead of Nov. 5, the source familiar with planning said. Other New York Republican lawmakers expected on the call include representatives Nick LaLota, Anthony D’Esposito, Mike Lawler, Marc Molinaro and Brandon Williams, the source said. Republican candidates Mike LiPetri and Alison Esposito are also expected.  “The GOP momentum is palpable across the Empire State, and President Trump’s personal investment in the fight to flip New York red and win in battleground congressional districts like mine proves that New Yorkers will play a vital role in the Republican resurgence this year,” D’Esposito told Fox News Digital. CLICK HERE FOR THE LATEST FOX NEWS POLLING IN THE HARRIS-TRUMP PRESIDENTIAL RACE The GOP won the House majority in 2022 in part because of a suburban rebellion in New York and California against the states’ progressive crime policies. Several of the lawmakers expected on the call are in districts President Biden won in 2020. But the Saturday evening call is a sign of confidence for Republicans in the traditionally blue stronghold. Republicans hope discontent with the economy and the border will be enough to propel them to victory in dozens of tight races. IN BID FOR DISGRUNTLED REPUBLICANS, HARRIS TEAMS UP WITH CHENEY IN GOP BIRTHPLACE Esposito said Trump’s support was “crucial” this year. “Events like tonight’s tele-town hall are essential in connecting our candidates with voters and encouraging everyone to make their voices heard at the polls,” she told Fox News Digital. Stefanik, who is hosting the call, was the first member of the 118th Congress to endorse Trump for re-election. It comes the day before Trump has a rally at Madison Square Garden featuring a litany of top figures in the GOP. Members of House GOP leadership, including Speaker Mike Johnson, R-La.; House Majority Leader Steve Scalise, R-La.; and Stefanik are all expected to attend.