6 thoughts on “SCOTUS Ties”

      1. From a libertarian perspective, isn’t that a feature? Just as libertarians prefer local school boards to federal education dictates, wouldn’t libertarians prefer court jurisdictions which are more local, and less influential on other parts of the country?

  1. It is a bit curious that the Supreme Court was initially, and at a few other times, set to have an even number of justices. Just as it’s odd and potentially problematic that the electoral college has an even number of electors.

    1. Jim, good point on the Electoral College. The Electoral College was originally set up to have an odd number of electors for the very reason of avoiding ties.

      It became its current even number when Congress, in its infinite wisdom, drafted the 23rd amendment to give DC no fewer EVs than the smallest state (3), thus adding an odd number to an odd number, creating an even number.

  2. Are you kidding? They didn’t go through all the trouble of killing Scalia in a way that looked like an accident just to have Kagan recuse herself and turn the Supreme Court back over to the Right.

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