I don't know - would that be for both the mandate and ObamaCare (MacabreCare) as a whole? Seems like a tie would be a very definite possibility in that case.
In that case, let all the states do what Idaho did - pass a law signed by the governor nullifying MacabreCare and proclaiming its citizens free from the healthcare mandates.
Unless overturned, that's what the states should do.
My understanding is that she, as a high-level DOJ employee help to vet (such as rabid Democrats would do) the proposed legislation before she was nominated for the seat. I could be wrong on this but this is what I remember hearing.
To my mind, her involvement then, would preclude her deciding on any portion of the law.
Lastly, I am fully for STATE nullification of Federal Laws that are not specifically traced to a CLEAR WRITTEN reading of the US Consitution. As far as I’m concerned, this Federal Government is our enemy and not to be trusted or supported.