totally agree - and, therein lies the problem ---------- it's got to be that the court at any one time when it's got a full complement (9) has to lean one way or another
which means that the court and the constitution lurches from left to right and changes direction on the death or resignation of each judge - unless it's got a huge lean one way - which could only happen if several of them had the bad form to die or resign in a period of one party having control
it really is a crazy system
it would almost be a better idea to have it where there's 8 and you might get a lot more ties - so, it would go back to the lower court decision being upheld -
still a crap way - but, - IMO - no more crap than what they've got
