Okay, I get it... as long as you ask the judge how he’s going to decide your case *before* you present it to him — that’s okay... [and here it is...} LOL...
[ ... Lawyer: “ Ummm..., judge, I’m bringing this case before you and I was wondering if you could tell me how you’re going to decide this case, so I know before I present it in court. You wouldn’t mind, would you?”
Judge: “No problem..., we should be able to figure this case out before you get here and have all the problem solved. It should take no time at all to get this case done in court, and then we can go out for beer later...” ]
Scalia didn't say such a thing as he would decide one way or the other in the case before he hears the case. The question would he hear the case in which he answered hypothetically *IF* there are 4 SCOTUS justices who vote to hear it.