hampton peerson reports. >> reporter: inside the high court chamber today, justice antonin scalia chair and desk draped this black. it's a tradition that date backseat to 1873. they may have to operate with just eight justices for more than a year given the stand off between the white house and the republican controlled senate. >> they will fight it until there's another president. it doesn't look like the republican controlled senate will consider any obama nominee. >> reporter: when you look at the conservative versus liberal make up of the court, it means that four-four ties are possible even probable. when the justices are tied, the lower court ruling stands, that means no national precedent. example, in freed ricks versus the teachers association, a split decision would be a victory for the unions. a religion freedom challenge by charities and non-profit organizations to mandatory birth control coverage as part of obama care. seven separate petitions are part of this case because the lower courts are divided. a texas case that will determine how far states can go to restrict aborti