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And then there were eight: Supreme Court is used to working shorthanded

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When previous justices died in office or retired before their successors could be confirmed, the court similarly moved forward with eight members — often for months as Senate confirmation hearings dragged on or a nominee was rejected.

, often because he or she was involved with it as a judge or lawyer before joining the court. Justices also step aside on occasion because of a financial, family or personal conflict.

If they do emerge 4-4, they can reschedule the case for the following term, hoping for a ninth justice. That happened in July 2020, whencast the deciding vote that put the eastern half of Oklahoma under Native American criminal jurisdiction. A case raising the same issue could not be decided the previous term because of Gorsuch's recusal.

That happened four times in the months after Scalia's death in 2016, most notably when the court considered

 

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