I don't think there is any question this will end up in the Supreme Court, but if the court splits 4 to 4 then the decision will be that of the last appeals court to hear the case — or the argument will have been delayed beyond the point of any possible usefulness to anyone other than historians. Unless, of course the reactionaries in the senate will agree to hold hearings on the president's nominees.
IMHO their stated refusal to hold hearings should be taken to the Supreme Court as a failure to do their constitutional duty.
If we knew what it was we were doing, it wouldn't be called research, would it?
