They wrote:
Allowing the court to proceed for two terms with an open seat would be unprecedented and have damaging collateral consequences that would be felt across our entire federal judicial system. The court would be unable to act if it were divided in any case without a majority. Such an untoward situation would also negatively impact the business environment and the economy of the country. The corporate legal community and business interests represented herein seek the assurances that come with a fully staffed nine-member court.
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