[Gay State Conservative]

There are nine justices hearing the case, so I don't how it could end up in a 4-4 tie.

I was adressing the possibility of Sotomayor recusing herself from the case.As for a possible 4-4 tie I'm not sure how the SCOTUS works...I think it might be that only a majority can overturn a law.But I'm sure that someone who knows more will correct me if needed.

[Enterprise]

Ok. In a scenario where Sotomayor might recuse herself, it would probably mean that Kennedy would vote with the liberals leaving a 4-4 tie. And that would leave intact the ruling of the lower court that is before the USSC.