It’s not unusual for there to be close decisions in the Supreme Court, but with a vacancy there are rising 4-4 decisions. In all these decisions they upheld a circuit court’s ruling. Many of these cases, often politically charged, will likely make their way up to the Supreme Court again after the appointment of the ninth justice.
"Scalia missed out: a review of the 2015–2016 Supreme Court session and its 4-4 decisions,"
Veritas: Vol. 3
, Article 7.
Available at: https://lib.dr.iastate.edu/veritas/vol3/iss1/7