no matter who you hope will become our next president, we can perhaps all agree we don t really want this election to go into extra innings, now, do we? if tuesday were to end in a contested vote, this year s doomsday plan is incomplete if the election were to go the way of 2000 when appeals over bush v. gore went all the way to the supreme court. this year s decision could be made by only eight justices. remember, senate republicans have for months been blocking the president s nominee of judge merrick garland to that open ninth seat, that makes for a split decision on any case that goes to the high court including a disputed presidential election. the joining me now, supreme court biographer joan biskupic. this whole conversation, heaven forbid, we don t want that to
majority they will need republican support in order to overcome a filibuster in the senate so it s not a done deal that even if hillary clinton wins when they take the senate that they could get a democratic just, they need republican sort so this debate so significant in determining who will fill that final ninth seat, brook. manu, david, kirsten, gloria, thank you so much. final button on this conversation, let s go to twitter. look at this, this is on board the trump plane. this is a picture where donald trump tweeted watching my beautiful wife melania speak about our love of country and family, we will make you all very proud. requests at this is, in fact, cnn he s watching so let me take the moment to say hello, mr. trump, we ve got a phone, five days to go. love to have a chat, we d all love to chat. thank you so much. moments from now, live pictures, president obama will be speaking to a crowd there. also pictures on the right side, winterville, north carolina, that s where
president obama s nominee for the ninth seat on the court. and if the supreme court deadlocks in a 4-4 tie, they can t rule. i mean, if hypothetically clinton versus trump goes through a contested recount situation in one state like george w. bush versus al gore did and if that happens and if the supreme court was narrowly divided like they were in bush versus gore, we wouldn t have the option this year of getting a 5-4 ruling. if the justices broke on partisan lines, we would, in fact, get a 4-4 ruling and that would mean they could not issue a ruling to decide about the contested recount in whatever state was contested. and so some random lower court or some board of elections decree in some backwater would be left to decide 40 wwho was president of the united states. then hopefully, fingers crossed, hopefully we d all decide we d go along with it because some
before we get to day one, we ve got two years worth of material already lined up. and senator ted cruz warning republicans might not vote on the nomination for the supreme court seat vacated by the death of justice scalia. cruz saying there is precedent for leaving the ninth seat vacant. in the interview where donald trump revealed that his wife would be hitting the campaign trail, giving two or three big speeches between now and the end, his wife almost seemed a little bit caught off guard by that announcement. she seemed a bit surprised that she would be potentially doing that. the trump campaign has not given specifics over where or when the speeches would be. thank you for that. switching to the democrats now. the latest from wikileaks suggests that, as chelsea clinton took on more responsibilities at the clinton foundation, she became alarmed at the, quote, hustling that she saw going on. the trove of stolen e-mails show a number of folks around both bill and hillary concerned
of the united states unless, unless the supreme court of the united states on which she sits is going to be called on to decide the presidential election between hillary clinton and donald trump. right now there are only eight justices on the supreme court since justice scalia died. four of the remaining justices were appointed by democrats, four were appointed by republicans. for more than seven months now republicans in the senate have refused to even consider president obama s nominee for the ninth seat on the court. and if the supreme court deadlocks in a 4-4 tie, they can t rule. i mean, if hypothetically clinton versus trump goes through a contested recount situation in one state like george w. bush versus al gore did and if that happens and if the supreme court was narrowly divided like they were in bush versus gore, we wouldn t have the option this year of getting a 5-4 ruling. if the justices broke on partisan lines, we would, in