“You need a legal violation to go to court,” former White House counsel Donald McGahn said Wednesday. “It depends on state law and on the facts.”…
Late last month the Supreme Court on a tie vote refused to block the counting of these late ballots in Pennsylvania. Four conservatives dissented, and they may have a fifth vote now in Justice Amy Coney Barrett.
But this challenge may not have much practical impact.
“It is likely to be a very small number of votes,” and not enough to affect the outcome, said Paul Smith, a lawyer for the Campaign Legal Center. Even then, the justices who were skeptical a few weeks ago may be wary of canceling votes that were cast in line with the law as it stood on election day.