[Mr. Brightside]

Does this mean that the judges count noses on the possible outcome before the elect to hear one of these cases?

If so, then Kennedy is saying that the addition of either Alito or Roberts (or both) NOW makes this worth hearing.

I think that it takes four justices to vote to hear a case. The addition of Alito might have given the Court the 4th vote.

[xzins]

I think you're right....I think I remember that.

So, then, it would probably be the loss of O'Connor that's going to get this heard.