"Each side has set up a scenario where a substantial number of their supporters will not accept the legitimacy of the next president if their man loses, " said Catholic University political scientist Mark Rozell told the Reuters news agency before the court issued its ruling.

CNN: Gore content to let recounts play out

If Republicans win back the governor's office, they "could now show they are alive and well and they are competitive in Virginia, but it also sends a national message about the Republicans' ability to come back in the Obama era, " said Mark Rozell, a professor of public policy at George Mason University in Virginia.

CNN: Analysis: Anger, frustration fuel Election Day 2009