In this article on the Chief Justice’s illnesss, Slate‘s Dahlia Lithwick writes:
- What would happen if the Supreme Court were asked to intervene again on any of the inevitable and innumerable Election Day lawsuits, any of which might ooze its way up to the high court? Would the Bush v. Gore court collapse into an elderly ball of scratching, biting, hair-pulling 4-4 indecision? Bearing in mind that a 4-4 tie would mean affirming whatever decision came up from below, this adds yet more credence to my argument that the Supreme Court will not take another presidential election case this year; not an equal protection fight, not a statutory interpretation fight; not a hanging chad dispute; and not a battle over provisional ballots. But more on this tomorrow.
For now, we wish the chief justice a speedy and full recovery.