Washington, D.C., lawyer Montgomery Blair Sibley, one-time attorney for the "D.C. Madam," has been a continuing gadfly at the Supreme Court, challenging it on a range of issues and then suing the Court itself when it does not rule in his favor or does not take up his case. His suits cause recusal problems for the Court, because the justices tend to take themselves out of the case when they are named targets.

That was the problem Monday when the Court disposed of Sibley v. Alito et al., with the other respondents being the other justices he claims improperly refused to hear an earlier case. That list included former Justice David Souter, but not the current Justice Sonia Sotomayor. As a result all justices except Sotomayor recused, depriving the Court of a quorum.