In principle I agree she should recuse, but I think we need 5 votes either way.
Exactly. With only 8 votes it could deadlock again and the lower court ruling will stand. This way it’ll at least be a SCOTUS ruling.
I would feel better having all nine justices making the rulling because of just principle. its the job of the justices to ignore there feelings of the law on the vote if she cant do that she should not be a justice at all......oh ya she shouldn’t be one.