It’s an argument I suppose.  With 8 evenly divided Justices they just have to work harder to get to a decision. And if they can’t, then one of the more than capable 12 federal appeals courts have decided the issue already.

Unfortunately, there are currently 12 openings on those 12 courts right now with 7 pending nominees being held up there too.

What would work best is if traditionally honorable people nominated traditionally honorable impartial justices and traditionally honorable senators confirmed those nominees in a bipartisan manner at all levels of the judiciary, but that’s not possible.