What RBG's Death Could Mean For Election Litigation

But Adav Noti, who worked for more than a decade in the Office of General Counsel of the Federal Election Commission before becoming chief of staff at the non-partisan Campaign Legal Center, said if the election is litigated, the outcome will depend on the strength of the lawsuit. "Anybody can file a lawsuit. That doesn't mean there's merit to it. Anyone can also appeal. You could imagine a situation where the Supreme Court agrees to take a case just to settle the matter definitively, not because there's any merit to the litigation," he said. "I don't think we can say at all in advance that there's a foregone conclusion based on the composition of the court, and that's true regardless of whether there are eight justices or nine."

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