&gt; Or, the SCOTUS (currently down to 8 Justices) would deadlock and the ruling would fall back to the lesser court&#x27;s decision in favor of the government. Forever.<p>No, a Supreme Court deadlock has essentially the same effect as if the case had not been appealed to the Supreme Court; the Court of Appeals decision stands, but no binding precedent (other than the local precedent already created by the Court of Appeals decision) is created. So, its not &quot;forever&quot;, even in the limited sense that a Supreme Court decision is &quot;forever&quot;.