The possibility the Supreme Court decides this presidential election is still a long ways away, if it ever comes – and it might not sit well with the American public – according to constitutional law expert Alan Dershowitz on Newsmax TV.
"We're a long way from 2000," Dershowitz told Tuesday's "American Agenda," referring to the Bush v. Gore decision that gave George W. Bush the state of Florida and ultimately the White House.
President Donald Trump's path to 270 is so difficult, the more likely goal for his team is to keep enough states from certifying the election results so Joe Biden falls short of 270 electoral votes Dec. 14.
"We're in a land of the unknown, and we just don't know how the Supreme Court would ultimately decide this case," Dershowitz told host Bob Sellers.
If neither candidate gets 270 electoral votes Dec. 14, the Constitution directs the state delegations in the House of Representatives to decide the presidency. Republicans control the majority of at least 26 of the 50 state delegations in the House, even if Democrats hold a slight majority in total seats.
Sending the presidential decision to the House would ostensibly disenfranchise half of America, Dershowitz noted, but it is what the Constitution provides with an electoral college short of a majority 270 votes.
"The date is set legislatively for mid-December, and if by mid-December Biden doesn't have 270 electors, it may well have to go to the House," Dershowitz concluded.
"Would the American public accept that? That would be very difficult."
Important: See Newsmax TV now carried in 70 million cable homes, on DirecTV Ch. 349, Dish Network Ch. 216, Xfinity Ch. 1115, Spectrum, U-verse Ch. 1220, FiOS Ch. 615, Optimum Ch. 102, Cox cable, Suddenlink Ch. 102, CenturyLink 1209, Mediacom Ch. 277, Frontier 615 or Find More Cable Systems – Click Here.
Eric Mack ✉
Eric Mack has been a writer and editor at Newsmax since 2016. He is a 1998 Syracuse University journalism graduate and a New York Press Association award-winning writer.
© 2025 Newsmax. All rights reserved.