While labor union leader John Dougherty won his bid to have the Pennsylvania Supreme Court revive an appeal in his ­defamation suit against a former Philadelphia Inquirer columnist, recusals have left only two justices available to hear the case and have left all parties at odds over how to fill the empty slots.

Dougherty’s attorneys at Sprague & Sprague have now argued the method Chief Justice Thomas G. Saylor is looking to use to bring up other jurists to hear the appeal is not valid.

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