Don’t make a problem that’s not there. Affirm the lower court and let them come back when there’s a full court.
Agreed.
I believe that's what will happen in U. S. v. Texas, as the 4-4 tie will send the case back to the District Court for trial on the merits. Then it will come back up for Round 2, unless President Trump rescinds the DAPA memorandum and renders the matter moot. Or unless Justice Kennedy sides with the liberals and says the case is not reviewable. Which could also happen.