Justice Sotomayor will not participate next month when the US Supreme Court hears one of two cases that could change a key element of the system America uses to elect its president — the Electoral College.
Baca, a former state senator, has been Sotomayor's friend for decades. Baca's sister and brother-in-law lived for a time in Sotomayor's New York apartment, and Baca herself had a prominent spot at the justice's Senate confirmation hearing.
Sotomayor's recusal is unlikely to make any practical difference. Even if the justices turned out to be divided 5-4 in the Colorado case, her absence would result in a 4-4 tie, meaning the outcome would have no legal significance; her participation in the other case would count, however, and it would be the controlling decision.
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