Kavanaugh

1. What is the earliest that Brett Kavanaugh could join the Supreme Court if he is approved by the Senate?

Brett Kavanaugh won’t join them for another week at the earliest.
2. What does the Supreme Court do without a 9th justice?
And if it looks likely that there won’t be a nine-justice court until after the first week of November, the justices will probably keep declining to schedule the cases that they know they’ll want nine votes on. (This is what the Court did after Scalia’s death, too.)

3. What is the potential problem with having only 8 justices?

But even a 4-4 split isn’t the end of the world; it just means that the lower court’s ruling stays in effect. That can be frustrating when there are conflicting rulings from different lower courts, but it’s generally survivable — and there’s nothing stopping the Court from taking a similar case up once there are nine justices to resolve the same question.
4. How many cases are already scheduled to be heard by the Court?

The Court’s hearing six cases next week — arguments that Kavanaugh will definitely miss. It’s hearing another five cases the week after, six cases the last week of October, and six cases the first week of November.
5. If Judge Kavanaugh does join the Court, what happens to the cases that he has not heard?

The reason they might delay: Traditionally, justices don’t vote in cases unless they were present at oral argument
6. What is the upcoming Supreme Court case about that deals with the 8th amendment?

There is one capital punishment case on the docket, being heard Tuesday, but it’s a narrow one determining whether the Eighth Amendment prohibits executing someone who no longer remembers the crime they committed after suffering several strokes.
7. What is the result if the Supreme Court decision is a 4-4 tie?
​The only potential hiccup is a 4-4 case that makes it impossible to issue a nationwide ruling on a subject — but the Court has enough control over when it takes cases, and when it rules on them, that it could easily go through the first few months of the term without having to issue a 4-4 ruling on a case it would rather have a 5-4 ruling on.

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