Justice Alito rejoins the Court in Aereo case

The Supreme Court disclosed, in routine entries on its docket, that Justice Samuel A. Alito, Jr., will now be taking part in two cases from which he had held himself out earlier -- both set for argument next week. In earlier orders in the cases of POM Wonderful v. The Coca-Cola Company, a case about truthful labeling on fruit juices, and American Broadcasting Companies v. Aereo, a case about Internet “streaming” of free TV programs -- for a fee, Justice Alito had not taken part when the Court issued preliminary orders. No explanation was given, but it was assumed that he had financial investments that made his recusal necessary. On entries in each case on April 16, the Court informed the lawyers and the public that “Justice Alito is no longer recused in this case.” No explanation was given, but presumably he has cleared up a conflict that had induced his recusal. Justice Alito’s move will mean there will be a full bench for the Aereo case.