And Barrett recused since she was just appointed by Trump. Normally Barrett would be right there with Thomas and Alito. So that makes 3 or 9 that will want to hear the case. 2 more and the SC takes the case.
I forgot to include Gorsuch. He also wanted to ‘hear’/review the cases. I don’t share your confidence about Barrett. Recusal was not necessary. Do you think the leftists judges would recuse themselves on any issue? It took several weeks for cases to make their way to the SC, it wasn’t like it was the day after her confirmation.