It's nail biting time.

Many of us thought this election would be decided already.

It hasn't been.

And the real question is, will the people get to decide whose president or will nine justices in a five to four decision

with the deciding vote being cast by newly nominated and confirmed Justice Barrett.

Will she determine who the next president of the United States is?

I don't think so, but it's possible possible you'll hear my law school analysis on the

dirt show.

Will the 2020 presidential election be decided by a divided Supreme Court with the deciding

vote being cast by a justice who was just appointed by one of the litigants in the case, namely President Donald Trump.

The answer to that question may very well depend on two factors.

Number one, will the vote in Pennsylvania be determinative of the electoral college and number two will the vote be close

enough in in this hypothetical Joe Biden's favor, with the margin of victory being determined by late-counted

mail-in ballots.

That's the scenario that could lead us to a repeat of the election of 2000

with the five to four vote along partisan lines determining who the president will be. On the Dersh show

I'm going to deconstruct all of those issues and give you a Harvard Law School

class analysis of how this presidential election

may go down in the event certain factual scenarios are met.

Look, let's start out with the most likely outcome.

The most likely outcome is that there will be a victory of one side or the other without the Pennsylvania vote determining the

outcome. There are paths to victory on both sides and if the election is determined by Pennsylvania that the

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