Could An 8-Member Supreme Court Be Asked To Settle Election?
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WASHINGTON (AP) - What happens if America wakes up on Nov. 9 to another disputed presidential election? What if the outcome turns on the results of a razor-thin margin in one or two states, one candidate seeks a recount and the other goes to court?
We know what happened in 2000, when the Supreme Court in a 5-4 vote effectively settled the election in favor of George W. Bush.
That decision was controversial, but it was made by a nine-justice court. Now only eight justices are on the court, creating the possibility of a 4-4 tie. That would leave a lower federal or state court ruling in place, without a definitive statement from the nation's highest court.
University of Kentucky election law expert Joshua Douglas calls that prospect "the nightmare scenario."
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