[devattel]

freepersup said:

Thank you for the clarity in this matter. One other question which is a key point (or a moot point; lol) would the recusal preceed a vote ?

You are quite welcome.

Recusal must occur prior to the final decision. It is not clear as to whether or not a judge must recuse himself from a panel prior to accepting the case. Recusal after acceptance of a case causes issues, especially if quorum is lost. In this case the lower court decision would stand in the event a tie decision occurs.

[freepersup]

OK- thanks again, that's an interesting fact... I've been operating under a false mathematical premise all day, thinking in terms of 7 Justices (like a State Supreme Court) when in fact there are 9 USSC Justices. Duh! 2 recusals leave 7 Justices, and the rule of four would stand. I've been naive and overexhuberant in thinking 2 Justices that recuse themselves would somehow tilt the Court numerically and therefore favorably into granting Certiorari, when it hasn't been so inclined to do so otherwise. Dammit! I am now convinced more than before that 2 Justices will recuse themselves as their absence will not affect the rule of four tally one iota. I also tend to believe that Roberts is the holdout. Were I not chasing sobriety, I would hit the hard stuff right about now.