And what difference would their having recused themselves made to the requirement that four justices vote to take the case?
And what difference would their having recused themselves made to the requirement that four justices vote to take the case?
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"the "rule of four" is itself not something that is actually set forth anywhere in the Supreme Court's rules or otherwise formally "codified." It is merely longstanding Supreme Court practice. So to say that, with recusals, some sort of "rule of three" would apply is a bit of a non sequitur."
Can you prove DSH wrong on this score, which is backed up elsewhere?
"A party who seeks review of a decision petitions the Court for a writ of certiorari, an ancient pleading form that grants the right for review. The justices deliberate in private on whether the issues presented by the case are significant enough to merit review. They operate under an informal rule of four, which means that certiorari will be granted if any four justices favor it. "http://lawbrain.com/wiki/Supreme_Court_of_the_United_States