Nearly everyone expects Judge Hudson's ruling that the individual mandate in Obamacare is unconstitutional will be appealed to the Supreme Court.
"Everyone" also agrees that Justice Elena Kagan, having served in the Obama Justice Department, will recuse herself. If so, even if Justice Kennedy votes to uphold the individual mandate, the vote would be 4-4. If there is a tie, Judge Hudson's ruling stands.
Everyone is assuming fair play just as everyone did when Obamacare was supposed to go to Conference Committee and then come out for a legitimate vote, which would have allowed Sen. Brown's vote to kill it.
Kagan has recused herself on a number of cases. When she was nominated, however, there was much talk among her supporters that she would be a sure vote on Obamacare. If she planned to recuse herself, Obama would not have nominated her. It is quite likely that Kagan has no intention of recusing herself on Obamacare.
The only thing that will ensure that Kagan behaves properly is a huge public outcry. I know writing a Letter to the Editor is not an easy thing to do, but Kagan does not belong in Obamacare decisions and we must make sure she recuses herself. Please write to your daily and weekly papers. All you have to say is that the ruling will go to the Supreme Court where Justice Kagan, having served in the Obama Justice Department, must recuse herself. If it doesn't get printed, call to remind them you are waiting to see it.
Your letter will have a real impact! I'd love to see a copy. Hey, it is good to be pro-active! Anne