I have posted this as a question in other forums, but have yet to receive an answer. Does Kagan recusing or not recusing herself really matter in the ruling?
If she stays, and all conservative justices rule against it, it's overturned 5-4.
If she recuses herself, and all conservative justices rule against it, it's overtunred 5-3.
If she stays, and one conservative justice upholds it, we lose 5-4.
If she recuses herself, and one conservative justice upholds it, it becomes a 4-4 decision. What happens in this case?
I don’t know for sure, but there is this vague thought in the back of my mind that if the SCOTUS is tied, then the law stands.