Justice Scalia's Death Raises the Possibility of Gridlock at the Nation's Highest Court

With just 8 justices remaining, major cases could be deadlocked in a tie.
2:31 | 02/15/16

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Transcript for Justice Scalia's Death Raises the Possibility of Gridlock at the Nation's Highest Court
With justice scalia's absence just eight justices remain and take a look at the make up. Of the court with Scalia five conservative justices four liberal justices in some major cases the court splitting 54. But with the death of Justice Scalia and evenly split court now. Into ABC's Terry Moran tonight was covered the supreme court for years on scalia's legacy in life and in law. And his unlikely friendship with one of the most liberal justices on the court Ruth Bader Ginsburg. And her words tonight. To friends justice Antonin Scalia was first a family man happy family man as he noted when he was sworn in back in 19863. Who's an extraordinary woman and without whom I wouldn't the year or if I were here wouldn't have been as much fun along the way. They raised nine children together five boys four girls and dozens of grandkids came along on the court Scalia is loss is incalculable. In some of the biggest cases on the docket the justices are now likely deadlocked four to four and that means. No ruling so lower court decisions remain standing likely handing huge victories. Two public unions representing teachers and other government workers they now will likely get to keep millions of dollars and mandatory fees from workers that were being challenged. And on voting rights a Republican effort to change how electoral districts are drawn now expected to fail without Scalia. Beyond the cases there is the personal loss for justices especially Ruth Bader Ginsburg their friendship so evident whenever they were together and we do. Also have a different and found. I saved. He politely got my opinions as around until he boring you with us. He can't defend. Check in a heartfelt statement justice Ginsburg saying he was a jurist of captivating brilliance and whip with a rare talent. To make even the most sobered judge laugh. And Terry Moran with a slot tonight Terry we don't have a new justice until the next president takes office that would. Obviously be about a year or more has this happened before and what does the court do in the meantime. You know what has happened dated back in the 1950s justice Jackson died at the beginning of the term. And the court basically kept on with its work as best it could they do have the option of what you might call a do over they can rehear a case. But basically the bottom line here is it's not a great situation. But the court on most cases doesn't need to decide the issue tomorrow. David Graham with us tonight from the court Terry thing.

This transcript has been automatically generated and may not be 100% accurate.

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