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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

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