Wednesday, December 15, 2010

ObamaCare mandate and SCOTUS

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Nearly everyone agrees that Judge Hudson's finding that the ObamaCare health insurance mandate is unconstitutional will be appealed to the Supreme Court.

Here's the kicker;

Justice Elena Kagan, having served in the Obama Justice Department, is surely to recuse herself. With the "liberals" one judge down, even a Kennedy vote to uphold the individual mandate would presumably result in a 4-4 tie. And guess what? If there is a tie, the lower ruling stands...

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