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the Supreme Court deadlock in Tuesday in a major case over whether public sector unions could force non members to pay for being tough on collective bargaining that conservative and liberal wing voting in lockstep or took four men in the lower court ruling in favor of the union stand Reuters legal affairs editor job school Pixar's names may have been very different if justice Antonin Scalia were still alive when this case was heard on January eleventh justice Scalia within the next , appearing very strongly to be headed toward siding with the challenge , in just about a month after that on February thirteenth justice Scalia died and his Catholic made all the difference in this case and not in the direction that he likely wanted this case is exhibit a for what's happening with the Supreme Court right now with only eight members Senate Republican leaders are saying they don't even like to have hearings for president Obama's nominee Merrick garland and this could stretch out easily into the next calendar year and easily into the can your other new president an eight member court that has a tendency to a four four deadlocked it's essentially a court on hold while one Republican senator bark Kirk of Illinois who faces a tough reelection battle this year did meet with garland on Capitol Hill Tuesday no signs of wavering from Majority Leader Mitch McConnell or judiciary chairman Chuck Grassley which means some of the court highest profile cases including a decision on abortion act that could meet the same fate justices may be hoping to avoid a stalemate in one case though asking Tuesday for more information before deciding on a birth control exception to a barbecue