Basic was a four-to-two decision, with three Justices recusing themselves. Of the current nine Justices, the only two who were on the Court at the time of the Basic decision, Justices Kennedy and Scalia, were among the group who recused themselves. In a case decided last term, Amgen v. Connecticut Retirement Plans and Trust Funds, 133 S. Ct. 1184 (2013), Justices Scalia, Kennedy, Thomas and Alito indicated it might be appropriate to revisit the fraud-on-the-market theory because of increasing skepticism of the efficient-market hypothesis. In Amgen, the Court held that plaintiffs need not establish the materiality of alleged misrepresentations or omission at the class certification stage of a class action securities lawsuit.