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To: iceskater
With Kagan not recusing herself, I think the fix is in.

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?

24 posted on 03/23/2012 7:24:58 AM PDT by Lou L (The Senate without a filibuster is just a 100-member version of the House.)
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To: Lou L

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.


51 posted on 03/23/2012 9:01:23 AM PDT by iceskater (I am a Carnivore Conservative - No peas for me. (h/t N.Theknow))
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