What if there is another Gore v. Bush scenario and the court is 4-4?

[liberal N proud]

If there were a repeat of the 2000 election fraud perpetrated by the GOP, the court would be divided 4-4. That means that some district judge most likely in the state where the challenge takes place will decide who is President.

That makes the election that much more vulnerable to fraud and being stolen by the GOP.

This makes leaving the vacancy on the Supreme Court a Constitutional Crisis, the seat must be filled.

[Hortensis]

1. What, really? Another appointed president is possible?

I think it would be foolish to assume massive election fraud is not likely.

[FBaggins]

2. The House would select the winner

Remember that it wasn't really a 5-4 ruling to overturn the Florida supreme court. That was 7-2 (and would thus become 6-2 or 5-3 depending on Roberts). The 5-4 ruling was on the specific "remedy" which is what wouldn't happen if 4-4.

In that case, it's unlikely that Florida would have a final determination in time... and the House would determine the winner. Right now, that would be the Republican.

[pipoman]

3. There have been periods in history when the court has been full and even numbered

Not sure what will happen here, but there is no great tragedy in an even number on SCOTUS....

[brooklynite]

4. Simple solution...don't allow the vote count to get close...

...make sure you support the Democratic nominee, whether it's your choice or not.

[former9thward]

5. Bush v. Gore was 7-2.

The main part of the case was whether Florida was violating the 14th amendment by their counting procedures. The court voted 7-2 that they were. The 5-4 vote was on how to correct the violation.

[Buzz cook]

6. If that had been the case in 2000

The case would have been returned to the Florida supreme court, the votes would have been counted, and Gore would have become president.

It depends on the case that's brought and the make up of the lower court.