The Supreme Court case pitting online video service Aereo against U.S. broadcasters won’t have the potential for a tie after all, with Justice Samuel A. Alito, who had previously recused himself, saying that he now plans to take part, reports the Los Angeles Times.

The case, which will begin next week with oral arguments, had the potential for a tie without Alito’s participation. He hadn’t given a reason for recusing himself, but one potential reason for doing so would be if he or a family member owned stock in one of the companies involved in the case.

“If Alito had stayed off the bench for this battle and there was a tie, it would have been the same as a loss for broadcasters because the lower court decision would have stayed in place,” the story notes.

Samuel A. Alito