Thomas Recuses from Bush v. Gore

I think that it would be a 4-4 tie then.

IIRC, if the US SC didn't stop the recount, the Florida House (GOP controlled) was planning to send their own slate of electors.
 
I find this unlikely. Thomas is one of the more partisan of the Justices, and IMO, his wife's involvement, especially in a case of this magnitude, would make it more likely that he would not excuse himself.
 
Let us not forget that there were 2 rulings

it was 7-2 to say that the Florida court was wrong and that the lack of a standard was illegal.

It was 5-4 to not let the court try again due to lack of time

So if Thomas did step aside then it's still 6-2 to say the counting standard was wrong.

Its 4-4 on returning to the Florida court so that would not change much either
 
Scalia's son was connected to the Bush campaign too...
Of course, a better PoD would involve the enforcement of conflict of interest laws... (Though it wasn't just these two- Ginsberg was involved in a number of cases in which her husband had a financial interest in the outcome.) It's safe to say that had a Democratic Congress made it an issue, Scalia and Thomas may have been impeached...or the Republicans could have done the same to Ginsberg.
 
If the Supreme Court stayed out the result would be clear.

1) The state results will be contested by whichever party does not win.

2) Voting by state delegations, one vote per state, the House with 30 Republican majority delegations and 20 Democratic majority ones awards Florida to the GOP.

3) If the Senate also goes for the GOP then Bush wins. If the Senate does not, perhaps with the Democratic ticket of Gore and Leiberman casting the deciding votes, then the Constitution is clear on how the split is decided.

4) Florida Governor Jeb Bush picks the next president. Possibly he graciously steps aside and allows the Lt Governor, chair of Bush's Florida campaign, to make the decision. Or Florida Secretary of State Katherine Harris...

5) Endless articles, opinion pieces and learned tomes emerge in the future blasting the Supreme Court for the decision to not involve itself in the matter.
 
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