SACRAMENTO, Calif. (KTXL) — As the election results continue to come in, President Donald Trump and his team are already challenging the outcome.
On Wednesday, the president filed three different lawsuits in key battleground states — Michigan, Georgia and Pennsylvania — in an effort to stop the counting of mail-in ballots past Election Day.
President Trump is questioning the legitimacy of the vote tally in some of the swing states and he’s hoping his legal challenges go all the way up to the Supreme Court, something experts say is unlikely.
It is a post-election scramble not seen since the George W. Bush and Al Gore challenge of 2000. That was the last time we made it into Wednesday night after the election without a clear winner.
“They’re obviously going to want to pull out all the stops but those tools might be somewhat limited here,” explained local attorney Mark Reichel.
Reichel said it’s unlikely the legal challenges of the 2020 presidential election go far in court.
“Judges are not buying this when these lawsuits are coming,” Reichel told FOX40. “Other politicians in the Republican Party aren’t buying this. Even Mitch McConnell himself discounted the idea of there being fraud and said, ‘Let the votes be counted.’”
Constitutional law expert Leslie Jacobs agreed that if lawyers don’t identify a legal basis to stop the vote count, the complaint won’t stick.
“The lawsuits can drop off along the way because it becomes obvious that they do not have merit,” Jacobs said.
The president is also asking to re-tally the vote in Wisconsin, where the Associated Press declared former Vice President Joe Biden the winner by about 21,000 votes.
Jacobs said it’s rare that a recount produces a different outcome.
“The bottom line is that recounts are asked for all the time with elections and we don’t hear about them a lot because they go on and they’re done and nothing really changes,” she explained. “So, it’s unusual for a recount to change a vote in any sort of circumstance because most times elections officials have done it diligently in the first place and it’s just a close vote.”
President Trump has vowed to take his challenges up to the Supreme Court — as was done in the presidential election 20 years ago. But legal minds say those calls seem premature and, at this point, improbable.
“I don’t think the U.S. Supreme Court is going to get involved in this election in any fashion,” Reichel said.
Experts note that the president would need to show there was a legal violation to advance the challenge in court, something his team so far has not been able to prove.