The justices appeared to be split 4-4, with Justice Kennedy holding the tie-breaking vote.
In a Senate likely to be split 50-50, the Vice President presides as the tie-breaking vote.
Republican Vice President Chester A. Arthur cast the tie-breaking vote so the G.
As vice president, Gore had cast a 1994 Senate tie-breaking vote in favor of ethanol mandates, but has subsequently admitted regrets.
FORBES: Al Gore's Oil-Fueled Al-Jazeera Deal Follows A String Of Green Energy Fiascos
As vice president, Gore had cast a 1994 Senate tie-breaking vote in favor of ethanol mandates, something he now admits to regretting.
Gore could cast tie-breaking votes to settle disputes over electors.
Eleventh seed Gonzalez of Chile and number three seed Nadal of Spain were in their 2nd straight tie-breaking set, with Nadal leading 7-6 (7-4), 6-6 (3-2) when play was suspended.
The second period may have been New York's best of the series even though Johnny Boychuk's tie-breaking goal on a 40-foot shot at 12:08 of the period got past goalie Henrik Lundqvist, who was screened by several players.
The last time Democrats had control of the Senate was in 1994 -- except for a period of 17 days earlier this year when Vice President Al Gore held the tie-breaking vote as president of the evenly divided Senate until the new Bush administration took office.
Despite not being taken past 30 on serve the Scot still required a tie-break but he remained ice cool, breaking immediately and consolidating with a huge ace.
Lukas Rosol had helped the defending champions take a 2-1 lead against Switzerland after a record-breaking seven-hour doubles clash, but his playing partner Tomas Berdych put the tie beyond the home team as he won Sunday's opening doubles rubber against Stanislas Wawrinka.
The Hawks moved into sole possession of fifth place and pulled within a game of the Nets for fourth, breaking away from a three-way tie with Chicago and Boston.
The Espanyol tie will see Argentine star Lionel Messi take to the field for the first time this year, after a record-breaking 2012 which saw him score 91 goals.
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