President Donald Trump supporters kneel as they rally, Wednesday, Nov. 4, 2020, outside the Maricopa County Recorders Office in Phoenix.
Winning all three of these Rust Belt states would make Mr Biden victorious.
Meanwhile, in the battleground states of the upper Midwest, an early lead for Trump on Tuesday melted away, at least in Wisconsin and MI, as heavily Democratic mail ballots were slowly opened and registered.
On Wednesday, the Trump campaign announced that it would file lawsuits in Pennsylvania and MI, demanding the ballots stop being counted because Republican observers do not have access to the vote counting locations.
Mr Trump held several important states, including Texas, Ohio and Iowa, fending off a strong Biden play.
No victor emerged on election night Wednesday as vote counting is expected to continue over the next few days as the race in a few key battleground states were too close to call.
"It's extremely early on but at the moment it doesn't seem apparent how this would end up where the US Supreme Court would be decisive", Mr Foley said.
Biden also won Arizona and Wisconsin, two other states that Republican Donald Trump carried in 2016 over Hillary Clinton. Dealing with a Republican-controlled Senate would daily test Biden's campaign boasts about his ability to work across the aisle and cut deals.
President Trump prematurely claims victory, even though the counting continues
As of mid-morning on Wednesday, Florida and OH had been called for Trump, while Arizona and Colorado had been called for Biden . Many eyes turned to OH as Mr Biden appeared in with a chance of winning a state Mr Trump took by eight points in 2016.
This means the candidate with the most number of votes doesn't necessarily win the election. "President Trump is committed to ensuring that all legal votes are counted in MI and everywhere else". Joe Biden has been presidential, writes Adriaan Basson. Democrats believe they have enough uncounted ballots to push Biden over the top in the state, snuffing out all hopes Trump might still have for winning reelection.
Biden's electoral fortune started to manifest when Arizona fell for Democrats.
Trump's campaign announced lawsuits in Michigan, Pennsylvania and Georgia and demanded a recount in Wisconsin. Though Trump campaign suits to stop the process in MI and Pennsylvania were pending, local courts - much less the Supreme Court - had not intervened.
Campaign manager Jen O'Malley Dillon said a victory by the former vice president was a "foregone conclusion".
With key battlegrounds states being called or close to it, it's expected most major news outlets will call the election for a candidate in the next day or so. Currently, Biden is leading in this area with about 79%. This happened after the Postal Service said that delivery delays could lead to disenfranchisement around the state.
Whipsawing results on election night, combined with days of post-election uncertainty, is perhaps not the best way to project confidence in the electoral process.
But these ballots are also harder to count, creating even more delays. But the conservative justices left room for the possibility of revisiting the case after the election.
"Pennsylvania will have a fair election", he said.
The board of canvassers job is to recount the votes and correct any errors that were made when results were first reported.