The possibility of a split decision along ideological lines has raised fears among some, and satisfaction among others, concerning the issue of immigration reform.
"A 4-4 tie would probably run out the clock on the Obama administration," Mehlman claimed.
The justices are set to decide whether Obama exceeded his constitutional authority by ordering the deferred deportation of at least 4 million undocumented immigrants from the United States.
In February, a Texas judge ordered the US federal government to halt the program’s rollout while the case is decided.
A tie decision Supreme Court will uphold a lower court’s decision to block the plan. The case could be tried again, but it would likely not be resolved during Obama’s tenure as president of the United States.