On what should happen if the unthinkable happens
Lessig
5.7K118

While this all seems highly unlikely to ever occur, I found this to be an interesting thought experiment in American civics, so thank you for lending your legal expertise to this topic.

However one crucial aspect of the situation wasn’t addressed. Can you speak to what would happen with the Supreme Court? Would Gorsuch’s appointment be rescinded since, like Pence, he would be benefitting from the election fraud? Since much of what you describe would likely be argued before and decided upon by the Supreme Court, would Gorsuch be forced to recuse himself? And with 8 members who are frequently divided evenly on many issues, what would happen if decisions on these matters were ever split 4–4? Is there any mechanism for breaking a tie in the Supreme Court when a decision is required? Could, for instance, the most recent court retiree who’s still alive, Justice Souter (a centrist who’s as close to well-respected by both parties as you can find), come out of retirement to cast a deciding vote?

It seems that if any of what you speculate on were to occur, the Supreme Court would play a pivotal role, so can you clear up how the mechanics of that branch of government would work in your hypothetical situation?

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