Lisa Murkowski

Nightmare: Election dispute goes to 8-member Supreme Court

What happens if America wakes up on Nov. 9 to another undecided, hotly disputed presidential election? What if the outcome turns on the razor-thin margin in one or two states, one candidate seeking a recount, the other going to court?

We know what happened in 2000, when the Supreme Court in a 5-4 vote effectively settled the election in favor of George W. Bush.

As controversial as that decision was, it was made by a nine-justice court. This time around, there are only eight justices and the possibility of a tie vote. That would leave a lower federal or state court ruling in place, with no definitive judgment from the nation's highest court.

"It would be Bush v....