By FHH Law, CommLawBlog, April 16, 2014
In case you ever wondered whether there's such a thing as "unrecusal" - and, frankly, we hadn't - here's the answer: yes. The Supreme Court has announced that Justice Alito, who had recused himself from any participation in any aspect of the Aereo case (which, we remind you, is set for oral argument next week), is no longer recused. The Supremes aren't required to explain their recusals and, it appears, the same is true of unrecusals. Whatever the reason, with Alito back on board the full nine-member court is now set to hear the case. That eliminates the possibility of a 4-4 tie among the justices (which would have left the Second Circuit's decision in place, albeit without any approval by the Court).