There’s a catch to this - if she does recuse herself, that could mean a split vote. I believe (I have read) that if the vote is split, the lower-court ruling stands...considering there are different rulings at the federal level, it could be tricky.
I’ve been keeping an eye out for this, and assumed that she Would recuse herself...wondering now if this is all the usual kabuki intended to make her look ‘humbled’ if she backs out of the final case?
That’s correct, if the SCOTUS vote is tied the appellate court ruling stands.
I doubt very much she’ll recuse herself and also doubt this is a feint. There’s probably a better than 50% chance the appellate ruling will favor tubing obamacare.