I wonder if Sotomayer wouldn’t have to recuse herself?
Delay is the name of the game. No reason not to get this to the SCOTUS. In the meanwhile, there may be a favorable decision for the various states’ AGs in Florida. Gonna be one Battle Royal whenever it happens.
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.