KALAMAZOO (WKZO-AM) — A professor at the Western Michigan University Cooley Law School says a Hillary Clinton presidency might not change the stalemate over the U.S. Supreme Court’s ninth member.
Devin Schindler said it’ll all come down to whether the Senate stays under Republican control.
“If Hillary Clinton wins and the Senate stays with the Republicans, we could end up in a scenario where we have this eight-member court for an extended period of time,” Schindler said.
If that occurs, problems will persist in the high court.
“A 4-4 vote doesn’t decide the case and the lower court opinion remains in place,” Schindler said. “The constitution could end up meaning different things in different regions.”
Schindler said it’s possible Republicans will reconsider Obama nominee Merrick Garland if Clinton wins the presidency, though he also said that’s not likely.
Most projections have Democrats taking control of the Senate.
