In the event of a tie, the the lower court is the tie-breaker.  Having an even number of justices doesn&#x27;t break the court, and even if it did, it&#x27;d be another long while before this case could be appealed that high anyway.<p>Even if we&#x27;re to believe the rhetoric that the Senate isn&#x27;t going to appoint any candidate, nobody&#x27;s even been nominated yet, so the idea that the whole system is broken may be true, but not for the reasons speculated.