Justice Samuel Alito recused himself from the case due to financial holdings in the oil and gas industry, which analysts say increases the possibility of a 4-4 split among the justices. Alito called the recusal a "difficult judgment call" despite the court's legal office previously stating he did not have to disqualify himself. Meanwhile, conservative critics have pressed Justice Elena Kagan to also recuse herself over her past editorial work for the federal judiciary's Reference Manual on Scientific Evidence.
