As this recently updated article discusses, while extremely unlikely, given the way this timeline is going it’s possible the electoral college ends in a tie. Nate Silver projects this as a .3% possibility.
Things to think about:
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Only about half of the states require their electors to vote for the person that won their state. Who are the electors? Generally no one you know.
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If there’s a tie, the House elects a president and the Senate elects a VP. Sub-consideration: it is the composition of the House and Senate after the November election that makes those determinations.
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This would all technically be decided on January 6th. And you remember how that went last time.
Regardless, it’s highly unlikely this will happen. Still, this would be utter and complete madness. There is literally a non-zero chance we have a Trump/Harris administration. 🤣
Or they could expand the court and have one Supreme seat for each appellate court.
https://www.nbcnews.com/politics/supreme-court/democrats-introduce-bill-expand-supreme-court-9-13-justices-n1264132
Doing it through any method other than an amendment would just enter into a war of increased sizes. “Oh? You increased the size to 13? We’re doing 17, removedes!”
Eventually, we’re all judges.