This is why I would prefer that Scalia's seat never be filled and that the number of Justices be permanently reduced to eight. Permanently reducing the Court back to the original six Justices would be even better.
With eight Justices, it takes at least a two Justice majority (5 to 3) to make any decision. With the original six Justices, that means a 2/3 majority (4 to 2) is necessary. If the Court cannot come up with at least a two vote majority, then there is not enough consensus for them to be deciding anything.
No matter where you are on the political spectrum, I guarantee I can find you a 5 to 4 decision that you will believe to be a complete travesty.
Well, that was the margin of the vote on the Boy Scouts case in 2000, where a bare majority affirmed the constitutional right of the BSA to set membership requirements. Unbelievable. Today, that decision would have been 5 to 4 against the BSA. That's how arbitrary and capricious this process is.