Syracuse University professor weighs in on potential election legal battles

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SYRACUSE, N.Y. (WSYR-TV) — What comes next in this election? How do we find a winner? That answer is more simple than you think.

“It seems to have been a smooth election,” said Jenny Breen, associate professor of Law at Syracuse University.

Breen was in Florida for Bush vs. Gore back in 2000 — seeing first hand how challenged results are handled in an election.

There’s been a lot of discussion about what can be done with what is left this year as far as results. As a constitutional law expert, her answer is simple.

What should happen next is that we should all be patient and wait for votes to be counted because as we all know with COVID this year, a ton of people voted by mail… So, normally in a normal election year, some people always vote by mail and vote by absentee ballot if they are out of town or overseas. We have military members, members of the diplomatic corps, lots of people.

Jenny Breen — Associate professor of Law at Syracuse University

In order for President Donald Trump to have success challenging any results, Breen points out that there must be a case to be heard.

Right now, there isn’t one. In her mind, it is not even close to what was happening 20 years ago.

“We just don’t have the comparable fact situation to 2000,” said Breen. “Courts would be motivated and they have been thus far to hear these cases on an expedited calendar so they are hearing things quickly, but whether or not that situation arises I think is very unlikely than in 2000.”

So now, we wait for all the votes to be counted.

Trump’s campaign has filed three lawsuits in three different states regarding voting. The lawsuits in Michigan and Georgia have been dismissed by judges.


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