Thus, even if Kagan and Sotomayer recuse themselves — which they won’t and shouldn’t
What makes you think they shouldn’t recuse themselves? They not only have an appearance of a conflict of interest, but a real and huge conflict of interest, their jobs.
Because Kagan's and Sotomayer's votes are irrelevant at this point, which is nothing more than a vote to grant or deny a petition for certiorari. Four votes are needed to grant certiorari. If Kagan and Sotomayer recuse themselves, four votes are still needed to grant certiorari. Now if the Court grants certiorari on this petition -- which it won't -- then there might be an argument for recusal. Until then, this is nothing more than WND inflaming the its base.