To: Sopater
A tie would have allowed the Law to stand as is which would have validated the mandate under the Commerce Clause in lieu of it being labled a Tax.
To: Old Retired Army Guy
There were conflicting lower court rulings. Wouldn’t that have left the entire issue “undecided”?
4 posted on
06/29/2012 7:51:55 AM PDT by
Ingtar
("As the light begins to fade in the city on the hill")
To: Old Retired Army Guy; Sopater
The lower court decision would have stood in the event of a tie vote at the SCOTUS. However, if that had happened, then the case would NOT have counted as a Supreme Court precedent. Only a SCOTUS majority vote can produce an precedent which is binding on the lower courts, which we no have. Historically, these precedents tend to be very difficult to overturn.
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