Ginsburg’s Death Leaves Eight Justices to Deal With the Election

It’s now possible for the Supreme Court to deadlock, 4-4
November election is already the most litigated in history

Watch: President Donald Trump’s push to fill the seat of the late Justice Ruth Bader Ginsberg is gaining traction already with the U.S. election being just weeks away. (Source: Bloomberg)

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By Ryan Teague Beckwith

September 20, 2020 at 10:00 AM UTC

This article is for subscribers only.

The death of Supreme Court Justice Ruth Bader Ginsburg means eight justices would have to decide issues around what is shaping up to be the most litigated election in U.S. history, with a 4-4 deadlock a distinct possibility.

The nation’s highest court has already been asked to rule on voting in the midst of the coronavirus pandemic, and it is all but certain to face more legal questions as lower court rulings are appealed and new cases filed after the election.