The Supreme Court issued two notices on September 7 regarding Henderson v. Shinseki, the case in which it will determine whether the deadline to appeal to the U.S. Court of Appeals for Veterans Claims may be equitably tolled. The Court scheduled oral argument in the case for December 6, and announced that Justice Kagan has recused herself from participation in the case. Her recusal almost certainly is the result of behind-the-scenes participation in the case while she was solicitor general. Barring further recusals, which are unlikely, the remaining eight justices will decide the case. If they vote 4-4, the decision of the Court of Appeals for the Federal Circuit will be affirmed.