It is predicted by experts that the Supreme Court is likely to remain out of the 2024 presidential election.

It is unlikely that the U.S. Supreme Court will hear an election-related case after November 5th, let alone make a final decision.

"According to Jason Torchinsky, partner at Holtzman Vogel, the only successful outcome-determinative post-election litigation has occurred in places where the vote is extremely close."

If a genuine issue exists, the Court will address it. If the Court deems it unworthy of further examination, they will affirm it summarily, as stated by Torchinsky.

In 2022, Congress made changes to the Electoral Count Reform Act (ECRA) to speed up potential legal challenges and clarified that the vice president's role during the joint session is purely administrative.

The statute mandates that any lawsuit filed by a candidate for President or Vice President will be heard by a district court with a three-judge panel. It is the court's responsibility to prioritize and expedite the resolution of the case as quickly as possible.

Expedited review of the decision by the U.S. Supreme Court is allowed for parties to directly request it.

"According to Greg Teufle, founder of OGC Law, the new route into the federal court created by the Electoral Count Act is limited to a specific set of issues. The number of issues that can be raised under this Act is very limited, so it does not represent a broad expansion or an increase in the likelihood of litigation in federal courts or in the U.S. Supreme Court."

For an election case to be heard by the Court, there must be substantial and verifiable fraud accusations or other serious legal violations in the way elections are conducted or votes are counted.

Ahead of the November 5th election, both Republicans and Democrats have filed numerous lawsuits related to the election process. In a recent Georgia case, election officials were ordered to certify results by the legal deadline, even if they suspected fraud or errors.

The Court's makeup may make it possible for Republicans to succeed in election litigation, according to Joseph Burns, a partner at Holtzman Vogel.

"Burns stated that there are six Republican judges appointed to the court, and they generally adhere to the words of the statute when interpreting state or federal laws."

"In terms of interpreting statutes and state constitutions, Republicans generally make stricter arguments, which could benefit them with a more conservative-minded Supreme Court."

According to John Hardin Young, counsel at Sandler Reiff, it is highly unlikely that the Supreme Court will decide the 2024 election, given the conservative majority.

""The Supreme Court justices are now cautious about getting involved unless it is absolutely necessary, as there is a bias in the majority to intervene if they believe that process is being corrupted or people are not following the rules," Young said."

Professor Jeff Weiss from New York Law School stated that there are numerous uncertainties, so we must wait and observe how events unfold.

Teufle stated that the entire ECRA law could be subject to litigation after November 5, despite its efforts to clarify and revise the casting and counting of electoral votes.

"If the act is used improperly, unfairly, or unlawfully in a way that affects the election outcome, it may face challenges, and either side could raise constitutional questions about the laws and processes used to count the votes."