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I thihnk it might be different in SCOTUS, the justices are ethically bound to recuse themselves, BUT.... I don’t think they HAVE to. I seem to remember that it’s up the each justice.

Do you really think Kagen - even though she was on some certification cases FOR Obummer - or sotomayor are going to voluntarily recuse themselves? I have zero faith that they will. None what so ever.

I want to be wrong. More than I can possibly put into words. But I don’t think I am.

I think I would feel a little encouraged if they did not decide to recuse themselves. As I see it, there are roughly three plausible outcomes:

At least one BHO appointee recuses herself and the case is granted further review.
At least one recuses hereself, but the case is still denied.
No recusals happen and the case is denied.

Of these, I definitely can't muster much hope that option #1 would occur. If option #3 occurs, as I think you're expecting (but not wanting), that would at least give me some hope that there's a good chance that 3 justices really would be willing to take up the case if given the chance.

I'm dreading, but honestly somewhat expecting option #2 in which the two BHO appointees will go ahead and recuse themselves and yet the case will still be denied. That would ever so disheartening.

Nevertheless, given the way everything else has gone, I fear that the only reason this case is scheduled for conference again is just so they can 'cross Ts and dot Is' to keep us nuts on the fringe from finding yet another technicality that would allow us to send it back through the system again.

Like you, I desperately hope I'm wrong about that, but I hate it when people get in frenzy and say thing like "In a stunning development, the Supreme Court has reversed its earlier decision and now wants to look at the Hemmenway case again. They've but it back on the conference schedule! That must mean they're going to give the case a hearing for sure this time!!"

Not quite so likely, I'm afraid, folks.