Sotomayor and Kagan better recuse themselves.Are they even legally Justices if Obama is not eligible?
Sotomayor and Kagan are irrelevant to hearing Hollister before the full Court, as are Bader-Ginsberg and Breyer.
It only takes four of the nine Justices to agree to hear a case before the full Court and that leaves Alito, Kennedy, Roberts, Scalia and Thomas to decide to hear this appeal.
The Justices appointed by Republican Presidents can make the decision.