With Scalia's passing, the Supreme Court now has eight judges, though cases will still be reviewed. If the court is split 4-4, then the decision from the previous lower court stands. So, if the Supreme Court decision is a tie, then the U.S. Court of Appeals for the Fifth Circuit's decision, which supports Judge Hanen's ruling, would reinforce the pause of DAPA and DACA's expansion.
With Scalia absent, the court has four consistent liberal-leaning justices -- Ruth Bader Ginsburg, Stephen G. Breyer, Sonia Sotomayor and Elena Kagan -- and three conservative-leaning justices -- Chief Justice John G. Roberts Jr. and Justices Clarence Thomas and Samuel A. Alito Jr. Justice Anthony Kennedy has regularly joined both sides in the past. For the DAPA and DACA expansion case, the attention will be on Justices Roberts and Kennedy, as both have previously given the Obama administration victories on the Affordable Care Act and same-sex marriage cases. For more information on this subject, visit our website http://visaserve.com/lawyer/U.S.-Immigration-Policies-under-the-New-Administration_cp17957.htm