Election lawyers and experts say it is unlikely that the U.S. Supreme Court will take up an election-related case after November 5, let alone cast the deciding vote.

“It has to be super, super close,” Jason Torchinsky, partner at Holtzman Vogel, told Fox News Digital. “If you look at the history of post-election litigation, you see that the only places where they have really been successful in determining outcomes are where the vote is just very close.”

“If there is a real problem, the court will deal with it. If it’s something that the court doesn’t think requires higher consideration, it will affirm it summarily,” Torchinsky said.

Congress amended the Electoral Count Reform Act of 2022 (ECRA), expediting potential litigation and specifying that the vice president's role during the joint session is “ministerial in nature.”

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Both Republicans and Democrats launched a series of election-related lawsuits before November 5th. (Allison Joyce)

The statute states: “Any action brought by an aggrieved candidate for President or Vice President.” is heard in a district court with a panel of three judges. It is then “the duty of the court to move the file forward and to speed up the decision on the lawsuit as much as possible.”

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The parties are then permitted to request a direct and expedited review of the decision by the U.S. Supreme Court.

“It sort of opens a new path to federal court for a specific, limited set of questions raised under the Electoral Count Act,” said Greg Teufel, founder of OGC Law. “However, there are very limited issues that can be addressed under this law. “So this is not a widespread expansion or increase in the likelihood of litigation, either in federal court or in litigation that reaches the U.S. Supreme Court, under the Election Reform Act.”

Teufel pointed out that an election case can only be heard by the court if there are “significant and provable allegations of fraud or other serious legal violations in the conduct of elections or the processing of votes.”

Election lawyers and experts say it is highly unlikely that the U.S. Supreme Court will hear a case related to the election after Nov. 5, let alone cast the deciding vote. (Robert Alexander/Getty Images)

Both Republicans and Democrats have launched a number of election-related lawsuits before Nov. 5, including a recent case in Georgia that found county election officials must certify results within the legal deadline despite suspicions of fraud or error.

Joseph Burns, a partner at Holtzman Vogel, noted that Republicans could prove successful in election disputes because of the court's makeup.

“As far as the composition of the court goes, there is no question that there are currently six Republican justices,” Burns said. “And those are generally people who, in my opinion, interpret what needs to be interpreted, whether it's a state law or a federal law. Their general philosophy is to follow the letter of the law as closely as possible.”

“You have a more conservative Supreme Court in that regard,” Burns continued. “And there are certainly Republicans who generally make these kinds of arguments about courts interpreting laws or state constitutions more strictly, for example. So I think Republicans would generally be in better shape in that regard given the arguments that each side is making.”

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However, John Hardin Young, an attorney at Sandler Reiff, told Fox News Digital that he believes it is highly unlikely that the Supreme Court will be able to decide the 2024 election, especially given the conservative majority.

“I think that the nine justices now have a sensitivity not to get involved unless it's absolutely necessary,” Young said. “In my opinion, there is some bias among the majority on the Supreme Court to interfere if they believe the process is being corrupted or people are not following the rules, because I think the majority is very sensitive to democracy. “depending on people following the rules.”

Joseph Burns, a partner at Holtzman Vogel, noted that Republicans could prove successful in election disputes because of the court's makeup. (Scott Olson/Getty Images)

“There are just so many unknowns that we have to wait and see how things turn out,” said Jeff Wice, a professor at New York Law School.

Although the ECRA sought to clarify and revise how votes were cast and counted, Teufel said the law as a whole could become the target of litigation after November 5.

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“The entire law could be called into question if it is used in a way that affects the outcome of the election in a way that people view as inappropriate, unfair or unlawful,” Teufel said. “Disappointment on both sides with how the voter count went could raise constitutional questions about the laws applied and the process used to count votes.”