First off, lets remember that the same was predicted in 2004 and did not come to pash.
Other than Florida in 2000, please name for me another disputed election that went to court. I can't think of one and I follow politics pretty closely. Most Senate/Rep elections aren't so close that a recount can effect it. Lets say that McCaskill beats Talent by 2,500 votes, which would be less than a 1% difference. Talent isn't going to find 2,500 votes to flip, even if he empties out every ballot box in Missorah. I would say that a Senate election would have to be under a 1,000 vote difference and a House election would need to be under 300 to have a reasonable chance of a recount/court battle making a difference. And even when it does get that close -- like John Thune losing by 527 votes in 2002 and with reported shenanigans in Indian reservation voting -- most losers decide to bow out gracefully and not challenge the result. That isn't a slam against Gore -- he had every right to ask for a recount -- but he was the exception and not the rule.
This court talk is fueled by two things: 1. Both parties have lawyers waiting as a contigency and 2. It's a scare tactic by implication: get out and vote or have the courts pick the winner. I'd be pretty surprised if even one Senate/Rep/Gov race ends in court.
