But Kagan did give them 11 cases in which she expects to sit on the backbench in the upcoming term.

Recusals always are difficult for the Court, which cannot call on a retired justice or a circuit judge to step in and fill the vacant seat. They create potential 4-4 splits. Such decisions leave the lower court judgment in place, have no value as precedent and justifiably frustrate the parties who have endured an intense briefing and argument schedule.