He's 100% full of sh!t.
This is why I never listen to the jackasses in the media when big stories like this are breaking. Their pathetic ignorance comes out in a big way.
Thanks! Found the following:
“Over American history the size of the court has varied,” Winkler said, “from six members to 10 members to seven members to nine members. There’s nothing magic about nine.”
With an eight-justice court, a majority decision requires a 5-3 vote. If the supreme court is deadlocked 4-4, the lower court’s decision in the case is upheld but it does not create a legal precedent.