Yes, but the country will not accept a ballot dispute resolution based on some lower appellate court if the Supreme Court ties. The country is owed a Supreme Court that can make a final decision. We are going into an unprecedented election where vote by mail is being implemented in an extraordinary manner. Democrats have already hired loads of lawyers in anticipation of lawsuits. Republicans in the senate owe the American people a mechanism for finality, not chaos.
With Ginsburg’s seat vacant, that leaves:
- 4 “known conservative” votes
- 1 “swing vote” (Roberts)
- 3 leftist votes.
Roberts is likely to lean towards the Constitutional position, along with the other conservatives.
Now an 8-member Supreme Court has actually become MORE conservative than it was yesterday.