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Law360, New York (October 21, 2016, 5:16 PM EDT) — The seat on the United States Supreme Court left vacant by the death of Justice Antonin Scalia has been empty now for more than six months. As a result, the ability of the remaining eight-justice court to decide cases is impaired. This is nowhere more apparent than in the number of recent cases that have deadlocked on a 4-4 tie vote.
When, because of a vacancy (or a recusal), the court is evenly divided on a case that has been accepted for review, the long-standing procedure…