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To: EDINVA

Kagan will probably have to recuse herself. This means that in the event of a 4-4 verdict, the ruling of the lower court stands.

I think this is why Holder wants to appeal. If I have this straight, should DOJ win at the appellate level, that ruling would be upheld by a 4-4 split from SCOTUS. If DOJ agrees to go directly to SCOTUS, a 4-4 ruling would uphold Hudson’s finding that the individual mandate is unconstitutional.

I hope I have this right.


13 posted on 12/18/2010 4:37:19 PM PST by freespirited (This tagline dedicated to the memory of John Armor, a/k/a Congressman Billybob.)
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To: freespirited

Yes, that’s right ... and it IS Kagen not Sotomayor. I just cannot separate them in my ‘mind.’

Your post prompted me to do an analysis of the 4th Circ. based on who appointed whom. Slight R advantage, with a couple of cross-overs with Billy Jeff/41 and 43.

It worries me some as it was the 4th Circ, that came out with the Opinion in the Snyder family vs. Westboro/Phelps. Tho, that case is Solomonic given our Constitution and the conflict of rights.


15 posted on 12/18/2010 5:41:40 PM PST by EDINVA
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