US midterms: Supreme Court seen as a variable as election lawsuits loom
In short
With about four weeks to go before the US midterm elections, the federal Supreme Court, which began a new term on 5 October local time, is drawing attention as another factor that could shape the outcome, Yonhap reported. Yonhap said both parties are expected to press legal challenges in close races and that election-related suits could reach the court, while WSJ reported the court may hear additional midterm-related lawsuits, according to Newsis. The documents cite uncertainty over how the court would rule on any specific case.
Read the full story 2 min read
With about four weeks left before the US midterm elections, the federal Supreme Court is drawing attention as another variable that could shape the outcome, Yonhap reported from Washington. The court began a new term on 5 October local time, and the report says it may end up handling a stream of lawsuits arising from vote counting, disputes and the certification of results. [ 1 ]
The elections cover 35 of the 100 Senate seats and all 435 House seats, with the ruling Republican Party and the opposition Democratic Party facing what Yonhap describes as more closely fought races than in the past. In close districts that could decide which party holds a majority, Yonhap expects both parties to fight the election process in court without compromise, citing the New York Times as saying election-related lawsuits are already being filed nationwide and the Wall Street Journal as saying election experts are preparing for disputes over key Senate or House results. [ 1 ]
Citing a Wall Street Journal report dated 4 October local time, Newsis said the Supreme Court may hear additional lawsuits related to the midterm elections. Newsis's item consisted largely of Associated Press photographs of the court building and justices, alongside that reported possibility. [ 2 ]
Yonhap reports that Democratic responses are being prepared: state attorneys general have run simulation drills for scenarios that could arise on election day and afterwards. It says Democrats are ready to file suits and emergency applications if Department of Homeland Security agents or state National Guard troops are placed at polling sites, or if authorities seize ballots before counting on grounds of voting-system hacking that President Donald Trump has alleged. Yonhap cites the New York Times as reporting that concerns exist over voter intimidation and the possible seizure of ballots, and notes that in very close districts even small disruptions caused by official intervention could decide a result. [ 1 ]
The report also cites Trump's remarks in a recently published Time interview on declaring an emergency before the election, quoting him as saying, “I don't rule anything out or confirm anything. I could use it.” Yonhap cites the Washington Post as saying that given Trump's tendency to allege election fraud, challenges and lawsuits are likely during vote counting in close races. [ 1 ]
Election cases tend to rise to the Supreme Court regardless of lower-court rulings, Yonhap notes. It cites the court's 2000 order halting the Florida recount, which confirmed George W. Bush's victory over Al Gore, and the 2020 decisions in which the court rejected challenges to Pennsylvania's mail voting and suits seeking to invalidate results in four states Trump lost. Yonhap says it is unknown how the court would rule on this election's cases; the nine justices are assessed as six conservative and three liberal, but the report notes the conservative-leaning court has not always sided with Trump, citing its blocking of a Postal Service mail-ballot review attempt and its allowance of federal immigration database use to check voters' citizenship. [ 1 ]
Why it matters
The midterms will decide control of the Senate and House, and the documents say the outcome in close districts may end up being argued in court rather than settled only at the ballot box. If that happens, the Supreme Court — which Yonhap notes decided the 2000 election and rejected challenges in 2020 — could again play a decisive role. Korean outlets are reading the election as a source of legal and political uncertainty rather than a settled contest.
Key facts
- The US midterm elections are about four weeks away, with 35 of 100 Senate seats and all 435 House seats contested, Yonhap reported. [ 1 ]
- The federal Supreme Court began a new term on 5 October local time, according to Yonhap. [ 1 ]
- The Wall Street Journal reported that the Supreme Court may hear additional lawsuits related to the midterm elections, Newsis reported. [ 2 ]
- Yonhap reported that both parties are expected to pursue legal action in closely contested districts over the election process. [ 1 ]
- Yonhap reported that Democratic state attorneys general have run simulation drills for scenarios that could arise on and after election day. [ 1 ]
- Yonhap reported that President Donald Trump said in a recently published Time interview that he could use the Insurrection Act, saying he neither rules it out nor confirms it. [ 1 ]
Confirmed by several sources
- The Supreme Court opened a new term on 5 October local time and is seen as a possible factor in the midterm elections. [ 1 ]
- The Wall Street Journal reported that the Supreme Court may hear additional lawsuits tied to the midterm elections. [ 1 , 2 ]
- The midterm elections are about four weeks away and cover 35 Senate seats and all 435 House seats. [ 1 ]
Still unclear
- How the Supreme Court would rule on any individual election-related case. Yonhap states this is unknown; the documents give no ruling or case list.
- What the Trump administration might do regarding balloting, including whether personnel would be sent to polling places or ballots seized. Yonhap describes these as scenarios Democrats are preparing for, not as events that have occurred; no document confirms any such action.
- Which close Senate or House races could end in legal disputes. Document 1 says disputes are possible in close districts but names no specific race; document 2 does not identify any.