Is 8 enough? Court vacancy could roil possible election case
Any time the justices divide 4-4 in a case, the lower court ruling remains in place. If say, the court were to split that way in a case involving the election, the tie would ratify whatever the lower court decided. In 2016, “the court actually did a pretty good job when the court had eight justices for a while. Any case that divides the court 4-4 after arguments could be held and set for a new round of arguments when the court is back at full strength. The Supreme Court has managed at less than its full nine-member strength at three points in the past 50 years, in 1970, 1987-88 and 2016.