Supreme Court Justice Stephen Breyer said Thursday he doesn't expect the death of Justice Antonin Scalia to drastically change the high court's output, noting that only a small number of cases turn on a tie-breaking vote, NBC News reported.
"We'll miss him, but we'll do our work," Breyer told NBC News justice correspondent Pete Williams in a conversation at the Newseum in Washington D.C.
The court is left with only eight members until President Obama nominates Scalia's successor and the Senate approves that choice. During that time, in 4-4 rulings the lower court ruling remains in effect, with no precedent, legal experts say.
Breyer, speaking at an event to promote his latest book, pointed out that, historically, half of the high court's decisions are unanimous, and maybe 20 percent turn on a 5-4 vote.