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To: freepersup
Will the usurper's appointees recuse themselves THIS time?

Why? Do you expect them to vote to hear the case?

This is not a majority vote. The case is taken up by the entire court if four justices vote to hear it. Five justices can vote against it but as long as the other 4 vote for it then it advances. Kagan and Sotomayor voting or not voting, that doesn't change.

29 posted on 02/27/2011 11:41:21 AM PST by K-Stater
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To: K-Stater; jamese777

Perhaps I have the proverbial cart before the horse... would a recusal come before a vote to grant certiorari? If so, and it’s a big if so, does the majority threshold remain at 4, even though there are now just 5 Justices voting? Or does the majority shift to 3?


33 posted on 02/27/2011 12:08:19 PM PST by freepersup (Today, we raise our glasses of spirits and mugs of ale high- to Budge.)
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