When Justice Antonin Scalia died just over a week ago, he left behind some major cases that could have been ruled 5-4 in favor of conservatives, including an anti-abortion case, an Affordable Healthcare Act contraception case, a case involving public sector unions, a case on voting rights, and a case on affirmative action just to name a few.

Conservatives were foaming at the mouth in anticipation of winning most, if not all, of these cases. So it’s understandable that they were disappointed when Scalia passed away before decisions could be made on these cases.

But one conservative attorney in Arizona is throwing a desperation Hail Mary in an effort to make sure conservatives continue to control the Supreme Court 5-4 even though the composition of the high court is now 4-4.

During a KPNX panel on the status of the Court, Kory Langhofer claimed that Justice Scalia should be allowed to cast a vote even though he is dead.