Does anyone know the emergency procedures for the Supreme Court?

[Nicholas D Wolfwood]

Let's say the election goes to the USSC like the last one and now Rehnquist is unable to preside. WHAT THE FUCK HAPPENS?

[Liberal Veteran]

1. I think they vote with 8 and someone else presides.

Just as if Rehnquist had recused himself from a particular ruling.

[Carni]

3. Probably just Dick Cheney

I am joking because I don't know... but nothing would surprise me at this point!

[woo me with science]

2. there is no law

saying that there have to be 9 justices. there isn't time for a new justice to be appointed, which makes a tie vote a very real possibility in any case. what happens after that, i don't know.

[trotsky]

7. In a tie vote, the lower court ruling stands.

In 2000, that would have meant that the Florida Supreme Court's decision to allow a full recount and include over- and undervotes would have stood, and Gore would now be running for re-election.

[Democrat 4 Ever]

8. Does anyone know if a SC justice can be appointed

without Senate confirmation? I know the president has the power to make some appointments on the Federal Bench while the Congress is not in session - will need confirmation after they reconvene (if I remember my Poly Sci classes correctly). Could he really appoint someone to the SC without Senate approval?

Well, guess the story about missing weapons will now go the way of lying about WMDs, outing a CIA agent, secret energy meetings, wrong figures about war costs, etc.

[in_cog_ni_to]

4. Rehnquist is expected to be back on the bench by Nov.1.

Unless something happenes to him between now and then.

[flyingfysh]

5. if USSC vote is tied, then lower court decision stands

This has happened before, I don't remember on which case.

[msanthrope]

6. The remaining 8 vote.

Lets hope for a 5-3 ruling for Kerry.