DADT: Forget The Supreme Court?

Jason Mazzone thinks the Ninth Circuit DADT ruling, whatever that may be, won't be overturned by the Supreme Court:

Justice Elena Kagan has recused herself from the case. This represents some very good news for the Ninth Circuit: its decision on the merits will almost certainly be the last word in the case. This is because if the Supreme Court reviews the Ninth Circuit, it will likely split 4-4, thus automatically affirming the Ninth Circuit's decision. The Ninth Circuit has something of a reputation for zany decisions that end up being overturned. Let's see what it does now that it knows it isn't going to be reversed.