Eighth Circuit Court of Appeals deadlocks 4-4 on Tinker, affirming the district court by default and forcing a Supreme Court appeal

The U.S. Court of Appeals for the Eighth Circuit divided 4-4 on the Tinker appeal, with no majority opinion. An evenly divided court has the effect of affirming the lower court decision by operation of law — meaning the district court's ruling against the students stood, but without creating binding precedent for the circuit. The deadlock and the absence of a circuit court opinion on an unresolved First Amendment question gave the Supreme Court a clear reason to grant certiorari. The ACLU petitioned the Supreme Court, and the Court agreed to hear the case.