Thanks for that information. I did not know they were in recess until Feb. Given that information I suspect you are correct but I would not put it past them to claim that he should not vote on the case. I believe they will say that Alito should wait until after that case is decided and allow O'Connor to rule on the case instead.
Some of the R's are so weak they would go along with it.
Thanks for that information. I did not know they were in recess until Feb. Given that information I suspect you are correct but I would not put it past them to claim that he should not vote on the case. I believe they will say that Alito should wait until after that case is decided and allow O'Connor to rule on the case instead. The Ayotte case was heard on November 30. If Alito is seated before the decision is handed down, and SCOTUS is tied without his opinion, SCOTUS will probably call for a rehearing. They have the prerogative to do so, but won't unless there is a need to.
I was mistaken about SCOTUS being on recess - they are hearing cases this week and next week, then are off until Feb 21.