Looks like the supreme court won't be at 9 until mid next year if we are lucky. Just addressing the simple cases for now and probably push off more contentious.
So what happens in a close election like in 2000, tied presidential race and deadlocked supreme court?
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But Kagan warned that, as the months tick by, the consequences grow more severe. Compromise is all well and good, she said, but last term some cases were decided on such narrow grounds that the court ultimately decided nothing of consequence, leaving unanswered the question the justices had initially planned to resolve, and leaving in place conflicting lower court decisions across the country.
"Over time that's a problem," said Kagan, "Is that cost free? No, it's absolutely not."
As the new term opens, there are already indications that Chief Justice Roberts is using every tool at his disposal to manage the situation. The court has accepted significantly fewer cases. And as to the most controversial cases accepted last year before Scalia died, several have not been scheduled for argument yet, as they normally would have been.
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http://www.npr.org/2016/10/04/496402...strained-start