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PrintDecember 14, 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, which will have the final say. The only question is whether the government will agree to expedited treatment, which would bypass the Fourth Circuit Court of Appeals (which most observers agree is likely to uphold Judge Hudson's decision).
Jennifer Rubin, the superb political analyst who recently moved from Commentary Magazine to the Washington Post, notes a singular fact that should lead to Judge Hudson's decision being affirmed by the SCOTUS:
...here's the tricky part: 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. In other words, this is really　bad for ObamaCare advocates.
Hat tip Richard Baehr
