WASHINGTON — Justice Samuel Alito says the Supreme Court will find a way to get its work done with eight members following the death of Antonin Scalia.
Alito is telling a Georgetown University law school audience Tuesday that the court has functioned with an even number of justices before, noting that the Constitution does not set the court's size.
He says the justices "will deal with it." The court could divide 4-4 in some of the term's big cases involving abortion, labor unions and immigration. A tie vote would leave the lower court ruling in place and prevent the Supreme Court from resolving the issues for the whole country.
Alito is not saying what kind of person should take Scalia's place. He says that's the job of the president and Senate.