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Justice Alito Rejoins Aereo Supreme Court Case

All nine Supreme Court justices will hear oral argument Tuesday in the closely watched case.

Justice Samuel Alito Headshot - P 2014
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Justice Samuel Alito

Supreme Court Justice Samuel Alito will not be sitting out the Aereo case next week, an entry on the Court’s public docket revealed Wednesday. Alito had previously been listed as recused, setting up the possibility of a 4-4 tie in the case, which would have left in place a welter of conflicting lower-court decisions that ratify Aereo and similar services in some parts of the country and outlaw them in others.

Neither the earlier docket entry nor today’s explained why Alito had been recused and why he no longer was recused. However, an expert previously told THR that some recusal circumstances -- such as owning stock in a litigant -- would be curable by, for instance, selling the stock. However, it’s now known if that was the situation here.

A tie is no longer possible, but the outcome of the case remains impossible to predict. As THR exclusively reported Tuesday, experts say Aereo faces an uphill battle in the Court, but the case could go in either direction.

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