In this column we focus on three of the cases with different splits in which Justice Kagan has recused: Costco v. Omega, a 4-4 split, Primo v. Moore, a 8-0 split, and Bruesewitz v. Wyeth, a 6-2 split. We assess what role Kagan’s absence may have played, and how it affected traditional voting lineups. We also provides a prediction for Ashcroft v. al-Kidd, which looks at whether former Attorney General John Ashcroft is immune for his role in using the material witness statute to detain suspected terrorists following 9/11. (To learn more about our methodologies, please read our guide. For real-time predictions, please visit the FantasySCOTUS Prediction Tracker.)
Costco v. Omega
