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.
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.