The Democrats are hopeful of victory in the US election as vote counts in key swing states remain extremely close. Mr Biden is gaining on President Trump in Pennsylvania and Georgia and remains ahead in Arizona and Nevada – although in these states his lead is shrinking. President Trump is taking legal action in four key swing states – Wisconsin, Georgia, Pennsylvania and Michigan. Mr Biden has been declared the winner in Wisconsin, but Mr Trump has demanded a recount in the state where the difference in votes is now under 20,000.
The President wants to stop counting and have ballots reviewed in Michigan, while in Georgia, the Republicans have filed a lawsuit against election officials, requesting all late ballots be secured and accounted for.
In Pennsylvania Mr Trump is challenging a ruling by the Supreme Court which allowed for votes marked for November 3 to be counted up to three days after polls closed.
But even if Mr Biden can pull through and win the election – US politics expert Peter Trubowitz tells Express.co.uk that the composition of the Senate after the vote could thwart the Democrats.
He said: “The Republicans holding onto the Senate would be a very big deal, and it means Biden will be governing in a divided government scenario.
“He is going to have a hard time pushing through some of the legislation that the progressive wing of the Democratic Party wants.
“He isn’t going to get it through, and Mitch McConnell [Senate majority leader] has very cleverly announced he is going to introduce another COVID-19 bill.
“This is a pre-emptive strike which Nancy Pelosi will struggle stopping.
“I think McConnell will be committed to making it very difficult for Joe Biden to pass big ticket policies on his platform to get enacted.”
Mr McConnell warned Congress this week that the coronavirus relief bill needed to approve the legislation by the end of 2020.
House of Representatives Speaker Nancy Pelosi is seeking a comprehensive coronavirus aid bill of at least $2.2 trillion (£1.7trillion), but Republicans have so far refused to commit to anything over $500billion (£380billion).
Mr Trubowitz also said that Mr Biden’s foreign policy could be restricted if the Senate remains Republican controlled.
He added: “I think it will further complicate the US’ ability to lead internationally.
“At one level, Biden will be able to do some things through executive action, such as rejoining the Paris Climate Agreement.
“But he will be limited on the foreign policy front.”
Democrats are rapidly losing hope of gaining control of the US Senate after underperforming in key states.
The Republicans need just three more seats to secure a majority.
Many in the UK have speculated over Mr Biden’s stance on Brexit.
Expert Professor Stephen Burman told Express.co.uk last month that, given Mr Biden’s Irish heritage, he could step in to try and “take retribution” over Prime Minister Boris Johnson’s efforts to change the Northern Ireland protocol.
He said: “Joe Biden is Irish, so his commitment to a united Ireland would be absolute. If the Brits somehow contravened that and trouble arises on the border, Mr Biden would be furious.
“There are a lot of Irish sympathising politicians in the House of Representatives, and they would scupper a trade deal if Boris Johnson undermined the Good Friday Agreement.
“These things are absolute, the UK has no leverage on this.
“The UK would be finished in their eyes, and they would take retribution potentially across a whole range of policies.
“The British Government really are playing with fire here.
“The Americans will not hesitate to teach us a lesson if we don’t get the Irish border issue right.”