by Joshua A. Douglas, Robert G. Lawson & William H. Fortune Associate Professor of Law, University of Kentucky College of Law; faculty advisor to the University of Kentucky College of Law ACS student chapter
*In my op-ed in the Louisville Courier-Journal, I examine the disaster situation that would occur if the 2016 presidential election goes into overtime and a case to resolve the dispute reaches the Supreme Court with only eight Justices―a Bush v. Gore round two for 2016. The Op-Ed highlights the catastrophe that would occur in this scenario, providing a further argument on why the Senate should consider President Obama's nominee to the Supreme Court, Judge Merrick Garland. Here is an excerpt:
Imagine the worst case scenario. It is Wednesday, Nov. 9, the day after the election, and we do not yet know the winner of the presidential race. Worse still, the outcome will turn on a ballot-counting dispute in one state. A lawsuit is filed, and the courts are enmeshed in an election law contest. It’s Bush v. Gore round two: Trump v. Clinton. The case reaches the Supreme Court.
Do we want to take the chance of having an even number of justices deciding that dispute, hoping that the court will not deadlock 4-4?