But here's the BIGGIE...The Court doesn't operate in a vacuum..Justices are aware of politics,and they talk among themselves...even though they are far apart ideologically, they are still "brethren" and must get along for decades to come...
If there is a consensus that Obamacare falls fy 5-4 or 6-3..then look for Kagan to recuse herself...This will be a clear decision thatObamacare's toast.. Why waste the effort when it won't make a difference. Instead, the left will all but put her up for sainthood, and demonize Thomas for NOT recusing himself..and Kagan is bulletproof for anything she does for the next 40 years ( God help us)
A ruling that the mandate aspect of Obamacare is constitutionally permissible would invite a severe political backlash to stop this road to insanity, maybe even a con-con, as no other defense would be seen.
“Kagan is bulletproof for anything she does for the next 40 years”
I’m not sure I agree with you.
From her answers in the Senate hearings she proves she’s not the brightest bulb on the court. I expect her to look like a lightweight long before her tenure is up.