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Flurry of pre-election legal cases is now 'standardized' strategy, experts say

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Flurry of pre-election legal cases is now 'standardized' strategy, experts say

A flurry of U.S. election-related lawsuits are playing out in courts nationwide with more than 160 cases already on the books, and experts say that’s just par for the course during a modern presidential contest.

At least 165 election-related lawsuits have already been filed, the majority focusing on issues such as who should be eligible to vote, how ballots are cast and counted, and how to ensure election security and protect against alleged voter fraud.

But several legal analysts say they doubt that any of these lawsuits will have a protracted impact on the 2024 election and describe the nature of the claims as fairly standard fare, especially during the more than two decades since George W. Bush fended off Al Gore and a mountain of legal challenges to win the 2020 presidential election.

“I think we’re going to have a lot of litigation, but I would be surprised if we have any jugular hits,” George Washington University law professor Jonathan Turley told Fox News Digital.

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A person drops off their vote-by-mail ballot in Portland. (AP Photo/Jenny Kane)

The most high-profile lawsuits to date have been filed in Arizona, Georgia, Michigan, Nevada, North Carolina, Pennsylvania and Wisconsin, which are the seven battleground states that carry a combined total of 93 electoral votes and which are widely expected to help decide the election in favor of either Democrat Vice President Harris or Republican former President Trump.

The close race and wave of recent court cases have led some observers to fear that the lawsuits will either disenfranchise would-be voters, keep one or the other candidate’s supporters from participating in the election, or generate doubts over voting results after the race is decided.

But such concerns are likely unfounded, Turley notes.

“In the five presidential elections I’ve covered, I don’t think any pre-election challenge had a huge impact,” he said.

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Turley added that preliminary lawsuits are increasingly used by both parties as a “placeholder” of sorts, both to fuel their own respective narratives about the election and to create a pre-existing record of problems in swing states, which they can then revisit after the election.

And it’s not as if this is a new strategy.

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The Fox News Power Rankings have moved Michigan into the toss-up column, with both parties making a strong play for Rust Belt voters. (Getty Images)

The U.S. saw a “similar ramping up in 2016 and 2020. I think the closest before then was Bush v. Gore,” Turley said. 

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The standard then was to “ramp up [cases] after the election,” he added. “Now it’s become standardized to line up hundreds of attorneys [beforehand], and we’re seeing the same trajectory.”

In the wake of the 2020 election, Trump’s campaign filed 60 lawsuits attempting to challenge the election results in key swing states. And while the number of lawsuits was unusual, experts note that the practice itself is actually quite standard.

In fact, the early wave of court filings is actually better for lawyers and judges, given the tight time frame between the elections, state election certifications and Inauguration Day, according to Andrew McCarthy, a former U.S. assistant attorney general for the Southern District of New York. 

That’s part of the driver behind the early filings in many states, he told Fox News, adding that most of the lawsuits had been filed months earlier and are just now making their way before judges and appellate courts in affected states.

From there, judges prefer to deal with them as quickly as possible, he said.

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Election workers oversee early election voting at a polling station in Marietta, Ga., on Oct. 15, 2024. (Reuters/Jayla Whitfield-Anderson)

“Courts don’t mind getting involved in this area if it’s to be a referee on what the rules ought to be” for an election, McCarthy told Fox News Digital. “But they never want to be in a position of looking like they’re deciding the election.”

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In other words, the more they can rule on ahead of the election to avoid the appearance of bias or political sway, the better, he said.

“If you’re going to do this right and competently in a way that is representative of the way the legal system is supposed to work, you have to litigate these issues before the election,” McCarthy said. “Because the time frame after the election is just too compressed to do anything in the way of a meaningful election investigation, especially if the issue is fraud.”

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Trump endorses Cuellar opponent after pardoning Dem rep

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Trump endorses Cuellar opponent after pardoning Dem rep

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President Donald Trump on Tuesday endorsed Tano Tijerina in Texas’ 28th Congressional District race after criticizing Rep. Henry Cuellar for running again as a Democrat following a presidential pardon.

“I don’t know why, but the fact that Henry Cuellar would be running against Donald J. Trump, and the Republican Party, seems to be a great act of disloyalty and, perhaps more importantly, the act of a fool who would immediately go back to a Political Party, the Radical Left Democrats, whose views are different from his, but not nearly good or strong enough to be a true Republican,” Trump wrote on his Truth Social platform in part.

The president said if he had to do it again, he would still pardon Cuellar, arguing the prosecution against him was politically motivated, but criticized his decision to run for re-election.

“Henry should not be allowed to serve in Congress again,” Trump added before endorsing Tijerina, a judge in Webb County, Texas, who switched his party affiliation from Democrat to Republican.

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HOUSE DEM PARDONED BY TRUMP REVEALS WHETHER HE WILL SWITCH POLITICAL PARTIES

Webb County Judge Tano Tijerina poses for a portrait in his office on February 20, 2025, in Laredo, Texas. (Matt McClain/The Washington Post via Getty Images)

“Tano’s views are stronger, better, and far less tainted than Henry’s, and he has my Complete and Total Endorsement to be the next Representative from Texas’ 28th Congressional District — HE WILL NEVER LET YOU DOWN!” said Trump.

The commander in chief pardoned Cuellar in December after he was indicted by the Justice Department in May 2024 on charges alleging he accepted roughly $600,000 in bribes from an Azerbaijani state-owned oil and gas company and a Mexican bank in exchange for using his office to influence U.S. foreign policy. 

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Rep. Henry Cuellar, D-Texas, was accused of taking more than half a million dollars in bribes from an Azerbaijan-owned energy company and a Mexican bank. (Tom Williams/CQ-Roll Call, Inc via Getty Images)

Cuellar and his wife, Imelda, were facing multiple counts, including bribery, money laundering and unlawful foreign influence.

After Trump granted him clemency, the congressman thanked the president for what he called his “tremendous leadership,” and said the decision allowed South Texas to move forward.

President Donald Trump announced his pardon of Rep. Henry Cuellar, D-Texas on Truth Social in December. (Nathan Howard/Politico/Bloomberg via Getty Images / Kevin Dietsch/Getty Images)

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“This pardon gives us a clean slate. The noise is gone. The work remains. And I intend to meet it head on,” Cuellar wrote on X.

Cuellar won re-election in November 2024 and has been in Congress since 2005.

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Family of Brianna Aguilera sues over alcohol service ahead of death

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Family of Brianna Aguilera sues over alcohol service ahead of death

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The family of Brianna Aguilera, the Texas A&M student who fell to her death from a high-rise apartment in November, is suing two organizations for allegedly overserving alcohol ahead of the 19-year-old’s death.

Attorney Tony Buzbee on Tuesday announced a $1 million wrongful death lawsuit was filed in Travis County against the Austin Blacks Rugby Club and the UT Economics and Business Association.

“It is illegal to serve minors any amount of alcohol in the State of Texas. It is reckless and irresponsible to grossly over-serve a group of minors at a University of Texas football tailgate to the point where those minors lose their physical faculties and ability to control themselves,” the lawsuit states. 

Aguilera died when she fell from an Austin high-rise apartment following a Texas A&M vs. University of Texas football tailgate at around 1 a.m. Nov. 29, according to police.

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An image provided by the family of the young Texas A&M student, Brianna Aguilera, found dead in Austin over the weekend. (GoFundMe)

A police investigation later determined Aguilera died by suicide despite her family’s claims that she was killed.

Brianna Aguilera was found dead in an apartment hours after attending a tailgate party. (Facebook/Brie Aguilera)

According to the filing, the alleged “egregious over-serving of minors” led to Aguilera’s death. Witnesses described her behavior over several hours as “shifting from upbeat to disoriented and ultimately grossly intoxicated,” the suit says.

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Brianna Aguilera holds a sign congratulating her on her acceptance to Texas A&M. (Instagram/brie.aguilera)

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Buzbee said the lawsuit is also intended to support the ongoing investigation into the events of that night by allowing the firm to seek phone and text records, documents and data and to compel witness testimony.

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The lawsuit requests a jury trial.

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Fox News Digital’s Julia Bonavita contributed to this report.

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Key red state could decide US gas prices as Venezuelan oil hits the market

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Key red state could decide US gas prices as Venezuelan oil hits the market

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Nobody handles oil quite like Texas and a fresh supply of Venezuelan crude could soon be headed to the Lone Star State’s coast.

The first barrels of thick, tar-like crude could arrive as soon as next week at ports across Texas, Louisiana and Mississippi, where dense clusters of refineries are built and bred to process heavy oil.

The development follows President Donald Trump’s Tuesday evening announcement that Caracas will transfer up to 50 million barrels of oil to the U.S., worth about $2.8 billion at current market prices. 

WE’RE GOING TO LET THE OIL FLOW: ENERGY SECRETARY SAYS US WILL OVERSEE VENEZUELAN OIL SALES

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Venezuelan children swimming near an oil tanker docked at a pier near the refinery of the state oil company PDVSA. (Jesus Vargas/picture alliance/Getty Images)

“The Gulf Coast concentrates most of our refining capacity, and those refineries were built or revamped over the years to process extra-heavy crude similar to what is produced in Venezuela,” explained Jaime Brito, executive director of refining and oil products at OPIS.

“From a market perspective, additional volumes of extra-heavy crude entering the U.S. refining system would be an extraordinarily positive development,” Brito said. “It would allow refiners to operate more efficiently, something they haven’t been able to do for years and could help keep gasoline and diesel prices at better levels because refiners would have access to cheaper crude and more optimal operations.”

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He added that tankers could arrive within five to six days if they leave Venezuelan waters on Thursday.

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Because Gulf Coast refineries supply a large share of the nation’s fuel, shifts in how efficiently they operate can ultimately ripple through to prices paid by U.S. consumers.

Texas oil refineries are poised to benefit from additional crude oil supplies. (Brandon Bell/Getty Images)

The arrival of 15 to 25 oil tankers carrying up to 50 million barrels of crude is only a fraction of what Venezuela could ultimately supply.

With more than 300 billion barrels of proven reserves, it holds the world’s largest oil endowment — eclipsing long-standing energy heavyweights like Saudi Arabia, Iraq and Kuwait.

Despite its vast reserves, U.S. sanctions have effectively blocked most Venezuelan crude from reaching the U.S. Gulf Coast, leaving Chevron — operating under a special authorization — as the sole exporter of limited volumes.

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US NOW IN CONTROL OF VENEZUELA’S OIL RESERVES, THE LARGEST IN THE WORLD

A Chevron Corp. flag flies on the drilling floor of a Nabors Industries Ltd. drill rig in the Permian Basin near Midland, Texas, on March 1, 2018. (Daniel Acker/Bloomberg/Getty Images)

That disruption has been felt most acutely in Texas, which anchors the nation’s refining hub and hosts several of the country’s largest heavy-crude refineries.

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A renewed flow of Venezuelan barrels could also intensify competition in the heavy-crude market, particularly between Venezuela and Canada, Brito said.

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“You’re going to have fierce competition between Canada and Venezuela, which benefits American refiners and gives them more flexibility to potentially lower fuel prices,” he said, adding that he was speaking strictly from an oil-market perspective.

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