There will be at least 4 votes against the mandate. Roberts, Scalia, Alito and Thomas. It’s really up to Kennedy.
“There will be at least 4 votes against the mandate. Roberts, Scalia, Alito and Thomas. It’s really up to Kennedy.”
That’s assuming that nothing “happens” to any of the 4 stalwarts - giving 0 the opportunity to appoint another justice - or.....Thomas is forced to recuse himself and Kagan
refuses to do so and Obamacare passes 5-3 or tied at 4-4.
It is suspicious that the fast track to SCOTUS was not blocked by DOJ.