The Dems want to yell and scream about how the GOP is daring to fill the seat left open by the late Ruth Bader Ginsburg. However, they seem to be forgetting that the Supreme Court needs to operate with nine judges. Ted Cruz, the Republican Senator of Texas, has explained why there’s going to be more election drama to come if Judge Amy Comey Barrett isn’t confirmed in time for the election.
Author of “One Vote Away: How a Single Supreme Court Seat Can Change History,” Cruz warns that there could be a four-four deadlock in the Supreme Court without a ninth judge in place.
Neither Biden nor Trump are planning on rolling over and simply accepting the results of the general election. It is anticipated that there will be a number of election-related lawsuits after November 4. Considering that some states may not even provide their final results of mail and balance until a week or two later, we may not even know who the president is until sometime in 2021.
If Judge Barrett doesn’t get into the Supreme Court, there is a high likelihood of four judges voting one way and four voting the other way. With such a deadlock, it could send the country into uncharted territory.
Ted Cruz has some experience dealing with presidential elections. He was on the legal team where he represented former Pres. George W. Bush in preparation for the Supreme Court ruling in 2000 where it was Bush versus Gore. Cruz fears that this could be a similar situation.
In 2000, George W. Bush won the election. After the votes were counted, he was the winner. However, the margin in Florida was close enough that Al Gore sent in countless lawyers to file lawsuits. He wanted as many of the votes belonging to George W. Bush thrown out as possible. Cruz said that he flew into Tallahassee and dealt with a war room where seven different lawsuits were happening simultaneously. The case was sent to the US Supreme Court twice. He explains that the first time, it was a unanimous vote nine – zero. This goes on to explain that it was chaos for 36 days.
In 2020, things are a lot different. Lawsuits could easily come from Biden or Trump. Additionally, it is possible that the election results may be challenged in more than just one state.
Cruz has a valid concern, and he explains it by doing some basic math: “It’s one of the reasons why it is so important that the Senate confirm Judge Barrett, because if the Supreme Court only has eight justices, eight justices can divide four to four.”
If the Supreme Court is equally divided, there is a constitutional crisis in place. There would be no resolution – and that would mean that going into the new Congress on January 3, a new president would still need to be selected.
No one wants to figure out what it means to live in a country where there is a constitutional crisis. No one wants to see a debate going on between Trump and Biden for months at a time. With so many questions looming about election fraud due to a large number of mail-in ballots, it’s easy to see how it would be easy for either candidate to question the validity. Each presidential candidate has an idea as to which states they will win. If they don’t win those states, there will be controversy – and the Supreme Court runs the risk of being divided.
Although the Democrats may not like it, the reality is that the GOP is within their right to push forward with a confirmation hearing to get Judge Amy Comey Barrett into position. It will ensure that there are nine judges so that a tie simply cannot happen. For better or for worse, it will identify who a president is in order to lead the country forward.