Josh Douglas for CNN:

This problem could be calamitous. If we have another post-election dispute such as Bush v. Gore, then the court could deadlock 4-4. The result in Trump v. Clinton would then affirm whatever lower court heard the case — likely a state supreme court. Most state supreme court justices are elected.

Therefore, without a full bench on the US Supreme Court, the presidential election could come down to some elected judges in a swing state. That is no way to run a democracy. To be sure, many people view the Supreme Court’s 5-4 decision in Bush v. Gore as incorrect, but at least we had a judicial body that covers the entire country resolve the lingering dispute. This helped to provide finality and certainty.