Unless the Senate confirms a new justice in time for arguments, the cases will be heard by just six justices, as Justices Sonia Sotomayor and Elena Kagan have recused themselves. They did not say why, but Justice Sotomayor used to be a judge on the Second Circuit and Justice Kagan was formerly United States solicitor general. They had presumably been involved in the cases in those capacities.

Oh gods. That means the four conservatives on the bench are going to rule in favor of Ashcroft. It figures.