Nov. 9, the day after the election, and we do not yet know the winner of the presidential race. Worse still, the outcome will turn on a ballot-counting dispute in one state. A lawsuit is filed, and the courts are enmeshed in an election law contest. It’s Bush v. Gore round two: Trump v. Clinton. The case reaches the Supreme Court.
Do we want to take the chance of having an even number of justices deciding that dispute, hoping that the court will not deadlock 4-4?