[omegadawn]

With the full court of 9 justices it’s the rule/vote of 4 to grant certiorari to move the case forward.

With two recusals that would have left only 7 justices and it’s then the rule/vote of 3 to grant certiorari to move the case forward.
If sotomier and kagen has recused it is possible that certiorari might have been granted.
it could have been held up by one vote.

[jamese777]

With the full court of 9 justices it’s the rule/vote of 4 to grant certiorari to move the case forward.

With two recusals that would have left only 7 justices and it’s then the rule/vote of 3 to grant certiorari to move the case forward.
If sotomier and kagen has recused it is possible that certiorari might have been granted.
it could have been held up by one vote.

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The “rule of four” doesn’t change if there are recusals. The Court always requires the concurrence of four justices in order to grant a petition for a Writ of Certiorari.

None of the four Clinton or Obama appointed Justices are needed whether they are recused or participating in order to hear an Obama eligibility appeal or to render a favorable opinion for a plaintiff in an Obama eligibility lawsuit. There’s still Alito, Kennedy, Roberts, Scalia and Thomas.