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Trump Says Election Will Land in Supreme Court, Now Murkowski May Vote for Trump Nominee After All

President Donald Trump speaks during a meeting about the coronavirus response. (AP Photo/Evan Vucci)
President Donald Trump (AP Photo/Evan Vucci)

President Trump says he believes the battle to determine the outcome of this year's presidential election may result in legal challenges that land in the Supreme Court.

"I think this will end up in the Supreme Court, and I think it's very important that we have 9 Justices," he said.

He's suggesting that's one of the reasons he's pushing so strongly to fill the seat left vacant by the death of Justice Ruth Bader Ginsburg, before people go to the polls.

The president says the court needs a ninth vote to break a possible tie.

First Liberty Institute Chief Counsel Kelly Shackelford tells CBN News it's a legitimate concern, pointing to the 2000 presidential election when the high court made a 5-4 ruling that ended up making George W. Bush rather than Al Gore the 43rd president.

"There's all kinds of talk about election contests and lawsuits. We need a full Court to deal with that," Shackelford argued. "The last thing we want is a 4-4 tie at the Supreme Court or not having a full Court."

He says it's in line with precedent for Trump to choose a replacement before the election. "In a situation here where the president and the Senate are the same party, they've always pushed that person through," Shackelford said.

One of the issues that could end up in a legal battle is mail-in voting. Trump just voiced his concern once again about the potential for fraud or confusion presented by mail-in ballots.

The president said, "This scam that the Democrats are pulling, it's a scam, the scam will be before the United States Supreme Court. And I think having a four-four situation is not a good situation if you get that."

And it now looks nearly impossible for Democrats to block the president from seating his third Supreme Court justice.

Alaska Republican Sen. Lisa Murkowski, who initially opposed moving ahead with the confirmation process so close to the election, is not ruling out voting for the president's Supreme Court nominee.

"I know everybody wants to ask the question, 'will you confirm the nominee?'" Murkowski said outside the Capitol this week, according to Alaska Public Media. "We don't have a nominee yet. You and I don't know who that is. And so I can't confirm whether or not I can confirm a nominee when I don't know who the nominee is."

Meanwhile, the president and first lady Melania Trump, both wearing masks, paid their respects at the flag-draped coffin of Justice Ginsburg at the top of the steps of the Supreme Court this morning. 
Anti-Trump demonstrators interrupted the moment with boos and chants of "vote him out". 

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