If it goes 6-3 Kagan will not be with the majority, at least not for your reason. Think about it. If she didn’t recuse herself from this process in the beginning, she won’t in the future. Because regardless of what side has the majority, it has no impact on the fact she as Solicitor General put the defense of Obamacare together and she IS violating the law by not recusing herself now. She is doing all this NOW when they probably DO NOT have the votes, she will not recuse if they can rule in favor of it. She wants to be able to vote for it.
If she didn’t recuse herself now, she won’t in the future. If she did they’d ask why she didn’t in the past and what’s changed? Nothing would have changed to cause her to recuse. Her SG past is enough to recuse herself NOW.
:: Kagan will likely flip and join the majority, just so that they can deflect any future calls for her to recuse herself. ::
I was thinking that Sotomayor would flip and ^run^ as far as possible from Kagan because she didn’t recuse.
no way would Kagan do that IMHO she is a one minded view and going by what she said by trying to help the defense in their presentation I;d say she made her mind up way before she heard thew arguments for and against.