[cookcounty]

"Scalia merely stated a Supreme Court procedural fact. He never said there were three justices, or even one justice, in support of this petition. "

Hmmm.....but saying you need a fourth justice and saying you need four justices are two differnt statements.

[Sandy]

saying you need a fourth justice and saying you need four justices are two differnt statements.

That's right. And Scalia said that four were needed. Not "a fourth".