Wednesday, December 15, 2010

ObamaCare mandate and SCOTUS

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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