A long night of nail-biting back and forth culminated in shock and awe, as the 2024 US presidential election concluded with a decisive victory for former President Donald Trump, who is now set to become the 47th president of the United States.
To win the White House, a candidate needs a minimum of 270 out of 538 electoral college votes, where each state is worth a particular number of votes. With the race in all states now called, Trump won a total of 312 electoral college votes to secure his return to the White House while Democratic candidate Kamala Harris scored 226.
This result represents the best performance for a Republican presidential ticket since George H.W. Bush in 1988, marking a significant shift in the landscape of contemporary American politics. Trump's victory was characterized by Republican majorities in 31 out of the country’s 50 states.
Critically, his victory was catalyzed by sweeping gains in all seven battleground states. Leading up to election night, pollsters had described these states as too close to call, with polling showing both candidates in a dead heat within a few percentage points of one another.
This year also saw a broad shift to the right across the country, with improvements in support in over 90% of counties nationwide. Trump also made substantial and unusual gains among various demographic groups, including Latino voters and young voters, particularly men, while also strengthening his support in rural and suburban areas.
Astonishingly, Trump and the Republicans also led the popular vote by a stark margin of more than 4 million votes, marking the first time the party has done so in nearly two decades. Republican majorities also extended to both chambers of Congress, as the party gained control of the House and the Senate in a swift and emphatic blow to the Democrats.
These results have raised numerous legal and policy implications, particularly given Trump's status as a convicted felon and controversial talking points throughout his campaign, coupled with the looming specter of Project 2025.
To unravel some of these further, Political Pandora spoke to Nancy A. Beninati, an attorney and Professor at the Goldman School of Public Policy at U.C. Berkeley.
Her legal-policy work has concentrated on high-profile civil rights issues in the US Supreme Court and other federal and state courts in cases involving rights related to disability, fair housing, employment discrimination and retaliation, immigration, the LGBTQ+ community, reproductive autonomy, free speech, affirmative action, education, and voting.
American elections and their results have in the past been the source of a variety of legal complications with parties involved in taking some kind of legal action in the aftermath of the same.
Concerning this year’s result, Professor Beninati noted how from a “legal standpoint, everything seems to have gone very smoothly. [However], there have been legal challenges to different voting systems in many of the states in terms of voter I.D. laws and when can they count absentee ballots or vote by mail ballot.”
“I think because Donald Trump ended up winning and there were sufficient votes, I don't think there's going to be those kinds of legal challenges to the results, because there seems to be a majority who voted for Trump,” she adds.
Trump is set to take office on January 20th, becoming the only convicted felon to be elected President. The implications of having a president who may be perceived as being above the law are concerning to many legal scholars and citizens alike. Additionally, while he has been convicted on 34 counts in the state of New York, there remain ongoing cases against him that are yet to be resolved.
When asked how his election would affect the ongoing legal cases, Professor Beninati expressed uncertainty. “I don’t know because the cases are still being decided. However, given his statements regarding the federal litigation, it seems likely that he may attempt to pardon himself to avoid prosecution.” With recent developments indicating that both federal and state cases are being paused, it is now likely that some may ultimately be dismissed, raising complex legal questions about the scope of presidential immunity from criminal prosecution.
Both the federal and state courts have taken action to pause the litigation. It is likely that the federal cases will be stayed indefinitely or dismissed. The prosecutor in the New York case where Trump was found guilty by a jury on 32 felony counts has asked the court there to postpone sentencing.
This is uncharted territory but it seems that Trump will not be held accountable at least for the next four years.
While the results show that all 50 states shifted to the right compared to 2020, it is notable that some of the most significant swings occurred in conventionally Democratic strongholds like New York, New Jersey, and most surprisingly, California.
Thus, as the country prepares for a second Trump term, questions linger with regards to how states like California will respond to potential policy conflicts. To the same, California Governor Gavin Newsom announced he has already taken steps to prepare for potential legal battles with the incoming Trump administration.
Governor Newsom called a special session of the California Legislature to fund potential litigation that the state's Department of Justice may pursue.
“I can tell you that during the last [Trump] administration, when the federal government tried to implement many policies, the states fought those policies in court. There were many, many lawsuits filed. The states themselves formed a coalition—it was mainly what they call blue states. So, governors and attorney generals in Democratic states joined together in multiple different lawsuits,” she shared when asked about how California would respond or tackle legally a second Trump Presidency.
One of the most contentious issues of this election cycle has been reproductive rights and abortion, with this year marking the first election in the wake of the Supreme Court’s overturning of Roe v Wade last June.
The landmark 4-3 decision saw the issue of abortion be handed down to the states, as some implemented swift and repressive restrictions on the bodily autonomy of women. As the Trump campaign and allies seemingly called for a nationwide abortion ban, the likelihood of a legal conflict between state and federal laws regarding reproductive rights grows significantly.
“The right to bodily autonomy and reproductive freedom is in the California constitution. But, if there is a nationwide abortion ban, I don't know what's going to happen in that situation. I don't know, would we, the states follow it? Would we rebel? Again, it's another open question.” Professor Beninati said the same, underscoring the uncertainty of the complex legal landscape that could emerge if the Trump administration pursues a nationwide abortion ban, setting the stage for a significant constitutional showdown between state and federal authorities.
The Trump campaign has also signaled its intent to implement a range of controversial policies that could dramatically reshape the federal government and its relationship with the states. On immigration, Trump has pledged to carry out the largest mass deportation campaign in American history and expand his previous administration's strict measures, including the completion of the border wall with Mexico.
A second Trump presidency would also see any of the Biden administration's climate initiatives come to an end. On the economic front, Trump has proposed significant tax cuts, including a plan to eliminate payroll taxes, which fund Social Security and Medicare. He has also suggested implementing a flat tax rate and reducing corporate tax rates further.
These changes also include efforts to dismantle or significantly alter programs like Social Security and the Affordable Care Act. Professor Beninati noted her concerns regarding Trump's potential appointments, including individuals like Elon Musk and Robert Kennedy Jr., noting how “he's creating this oligarchy in the government and putting in these super, super rich people to run the country.”
“It’s concerning for democratic principles based on things that all of these folks have said about what they're going to do. Bobby Kennedy Jr. wants to basically dismantle the Department of Health and Human Services,” she adds.
Elon Musk, whose involvement in Trump’s campaign has concerned many, is now set to head the Department of Government Efficiency (D.O.G.E) alongside billionaire Vivek Ramaswamy, an externally created agency designed to streamline the bureaucracy within the federal government.
When asked about her thoughts about Musk’s involvement, Professor Beninati asserted, “Elon Musk doesn't like regulation because he doesn't want the government telling him what to do with all of his companies. He wants to get rid of government oversight and government regulation. So, they're talking about gutting the federal government and the programs, and things like that.”
Trump's victory could also have significant consequences for the Supreme Court. The election has seemingly reignited speculation about potential retirements on the Court, particularly focusing on conservative Justices, Clarence Thomas and Samuel Alito. At 76 and 74 respectively, Thomas and Alito are the oldest and perhaps most hardline members of the court's 6-3 conservative supermajority.
Beninati concurs with some of the speculation stating, “I have no insights into who's retiring on the Supreme Court or when, but there has been discussion and Vice President Kamala Harris and President Joe Biden talked about this, that Justice Alito and Justice Thomas could potentially retire.”
The prospect of their retirement during Trump's second term will inevitably empower him to appoint younger, more staunchly conservative justices, cementing the court's rightward tilt for decades to come, certainly not to witness a change for most of my lifetime.
Asked about the potential for such a scenario, Professor Beninati echoed the uncertainty, stating, “In that case, I think it would be a wash because Justice Thomas and Justice Alito are pretty far-right extreme. And if Trump fills those spots, it's a wash. Had Kamala Harris won, it would have shifted the court, right?”
On the liberal side of the court, consisting of three liberal justices—Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson—some Democrats have expressed hope that 70-year-old Justice Sonia Sotomayor might consider retiring while President Biden is still in office, allowing him to appoint a younger liberal successor.
However, given the lengthy confirmation process for Supreme Court nominees and the impending change in Senate control, the window for such a move appears to have closed. More optimistically, Beninati adds, “I do not see the three women on the court that are in the sort of moderate to liberal coalition retiring. They will make it [through] the next four years, I predict.”
As the American electorate grapples with the fallout of Trump's victory, positive or negative, it prepares to enter a new era of unprecedented legal, political, and social upheaval. The resilience of American democratic institutions will be tested in the next four years as states like California prepare to defend their constitutional rights and policies against potential federal encroachment.
This year’s results have done far more than realign the political chessboard, potentially for decades to come—they serve as vindication for the winners, the Republicans, and a sobering call for reassessment for the Democrats, who stand at the precipice of a decades-long slump.
Edited by Adi Roy and Thenthamizh SS
Anish Paranjape (he/him) is a student of Political Science and the Associate Editor of Culture at Political Pandora. His research interests encompass global politics and its influence on various landscapes, as well as an interest in film, television, and pop culture.
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Keywords:
2024 US Presidential Election Results, Donald Trump 2024 Victory, Trump Becomes 47th President, Kamala Harris 2024 Defeat, US Electoral College 2024, Trump Republican Sweep 2024, Swing States 2024 Elections, Trump Gains Latino and Young Voters, Trump Popular Vote Lead 2024, California vs Trump Administration, Nationwide Abortion Ban Implications, Supreme Court Shifts Under Trump, Elon Musk and Robert Kennedy Jr. Government Roles, Project 2025 and Trump Policies, Biden Administration Rollback Under Trump.
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