Weird Supreme Court Scenario

First, I hope this isn't a duplicate idea. Second, this isn't meant to be smoke and mirrors. I just like to ponder hypotheticals to ease my mind during times of excitement!

If the election goes to the Supreme Court, and Rehnquist is ill and doesn't vote, is it possible for the Court to be deadlocked at 4-4? What happens then? Can he participate from his home, rather than the bench?

I don't have a link, but I read it a while ago.

What happens if the Supreme Court is deadlocked 4:4? The lower court decision stands, whether it is that of a state supreme court or a lower federal court (Circuit Court of Appeal).

have a majority vote on the U.S.SupremeCourt in order to over-rule a lower court opinion. So if it's 4-4, then the lower court's decision stands as law.

Associate Justice John Paul Stevens who is 84 will take over the temporary duties of the Chief Justice while the CJ is not on the bench. Why? Because Justice Stevens is next in line, that is, has served on the U.S.Sup.Ct. bench the longest of the remaining Associate Justices.

Justice Stevens recently commented that while the Chief Justice is at home recuperating from cancer, the Chief Justice will be delivered all documentation including audio tapes of the Court's review hearings. Rehnquist will, in turn, keep in contact with the Court including his clerks and others. Rehnquist will be included in the written opinions as such. Thus, there will be no 4-4 decisions if Rehnquist continues in this capacity.

they said if Rehnquist doesn't vote, it would go back to the state Supreme Court decision. So ... if he wasn't on the bench in 2000, the Florida SC decision to count the votes would have stood and Gore would probably be running for re-election today.

But the other day, I heard a report that said he doesn't have to be on the bench to vote ... so I don't know what would happen. Let's hope we don't find out.

Thanks for the info. I scoured the Supreme Court website, but found nothing. Wikipedia had something, but I'm loathe to trust their content.

1.) http://news.findlaw.com/ap_stories/a/w/1154/11-1-2004/20041101071501_02.html

2.) http://news.findlaw.com/ap_stories/other/1500/11-1-2004/20041101111505_31.html

3.) http://www.nytimes.com/2004/11/01/politics/campaign/01cnd-rehn.html

4.) http://www.npr.org/templates/story/story.php?storyId=4136845

If the Supreme Court is tied, it will be up to God to tell us who won through his spokesman.

The current spokesman for Amurika is Georgie boy. He wins.