'We will deal with it': Supreme Court struggles in high profile cases

'[T]here is a reason why courts do not typically have even numbers of members.'

Since Supreme Court Justice Antonin Scalia's unexpected death, the Supreme Court has been struggling with an increasing number of 4-4 splits.

LOS ANGELES, CA (Catholic Online) - With eight remaining Justices, Supreme Court decisions are easily split in 4-4- ties. Since Scalia's death, the Justices have admitted their struggles in high profile cases.

To fill Scalia's spot, Republicans have nominated four conservatives and Democrats have nominated four liberals.

White House Counsel Neil Eggleston spoke Friday at an event hosted by Politico to say, "I think one of the real tragedies of this entire process is the possibility that this contributes to a view that the court is just another political organization."

While the Court continues without a ninth justice, big-name cases such as Whole Woman's Health v. Cole has the potential to automatically affirm the appeals court's ruling without reasons or setting precedents, which would result in the closure of all but 10 clinics across Texas. The Supreme Court would be unable to set national rules and the current relevant constitutional principles would continue to be upheld.

In the case of Zubik v. Burwell, the court is set to consider how contraception coverage under the Affordable Care Act is carried out in religious institutions such as schools and hospitals. Without a ninth justice, a tie would affirm several appeals court decisions and most would be forced to provide contraception coverage regardless of religious rights.

Several similarly high profile cases can receive unfair rulings simply because the open seat remains empty.

John Elwood, an attorney with the law firm Vinson & Elkins in Washington, D.C., stated, "It is beginning to look like the court is being especially selective in choosing which cases to grant."

Upcoming cases on abortion, immigration, jury selection and affirmative action rely on the Supreme Court filling Scalia's seat.

Justice Elena Kagan claimed each Justice was "working really hard" to have Scalia's absence be as "non-disruptive as possible," adding, "there is a reason why courts do not typically have even numbers of members. ... [T]here are always some number of 5-to-4 cases and even if we managed to reduce that number there are, I think, inevitably (and we've seen this already) are going to be tie votes."

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