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In 2016, Justice Antonin Scalia's death left the Supreme Court with eight Justices: four liberals and four conservatives.
Any court decision ending in a 4-4 tie would mean
the decision of the court of original jurisdiction would be upheld
the case would need to be reargued when the ninth justice was confirmed and seated
the lower court's decision is upheld without creating legal precedent
a writ of certiorari is granted
the Judiciary Act of 1789 is envoked