SCOTUS is back in session amid a loss, a heated election and a world health crisis

“I think the president anticipates cases about mail ballots ending up in the Supreme Court,” says Paul M. Smith, the vice president for litigation and strategy at the Campaign Legal Center in Washington, D.C. There is concern over the idea of state legislatures shutting down ballot counting and choosing the presidential electors legislatively, or a fight in Congress over which electors should vote, which could then end up before the high court. “Hopefully, we won’t have that type of constitutional crisis this year, but we could,” Smith says.

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