The Supremes should accept this case and then insist that Sotomayor recuse herself. If that happens and there is a 4-4 tie then then the lower court ruling stands.
How sweet that would be - Roberts, Alito, Thomas and Scalia sustain the ruling and we don’t have to worry about Kennedy.
Are you listening Justice Roberts?
Kagan I thought it was Kagan who worked on the Obama Care bill.
>> “If that happens and there is a 4-4 tie then then the lower court ruling stands.” <<
But only within their circuit, although other judges are then allowed to cite their decision in making their own.