I don't think that is applicable. All the legal pundits I have listened to think that in all probability the new member would recuse herself because Trump nominated her. That would leave the lower court ruling standing if there was a tie. The republicans act like they do because over the last few decades they have been losing their base. Their anachronistic platform is being left behind for a more progressive society. That is why they are using things like gerrymandering, stacking the courts, attempts at voter suppression, etc. to stay in power. Once all that fails they will be a shadow of what they are today. In a way Trump is speeding that along. The republican party isn't anything like it was four years ago. So when that happens I'll be proud I didn't get in the mud with them and took the high road.





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