Americans are more divided today than they've ever been since the Civil War.

That division gets reflected in tie votes.

We have to anticipate a tie vote in the United States Senate for confirmation of President

Trump's nomination to the Supreme Court.

We have to anticipate a possible tie vote in the Electoral College among the voters, essentially a tie the way it was a tie in 2000.

And we have to anticipate the possibility of a tie vote on the United States Supreme Court, especially if there are only eight justices.

How do we deal with these divisions?

How do we deal with these ties?

We're going to analyze these issues the way lost students do at

Harvard Law School. You will hear my analysis and my answer to viewers

questions today on the Dershoe.

Americans are more divided now than they've ever been since the Civil War

and it's reflected by our own institutions.

Let me give you three nightmare scenarios that reflect the division not only among our people,

but among our institutions.

It is certainly possible that we will get a tie vote as to whether to confirm President Trump's

nomination to the Supreme Court. 50 senators voting yes, 50 senators voting no, and it will require the vice president to break the

tie and I'm going to talk in a moment about whether that would be proper in the

case of a Supreme Court justice. So that's scenario

number one, a tie vote in the United States Senate. Scenario number two is we get a

tie vote in the election on November 3rd.

We had a tie vote essentially in the 2000 election and that tie had to be broken

...