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Supreme Court Vacancies

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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:

A

The decision of the court of original jurisdiction would be upheld

B

The case would need to be reargued when the ninth justice was confirmed and seated

C

The lower court's decision is upheld without creating legal precedent

D

A writ of certiorari is granted

E

The Judiciary Act of 1789 is envoked