Another Strike [in the courts against HealthCare Reform law]

[flickster]

@villa

I wouldn’t be so sure of Roberts either. He’s much more of a pragmatist than the other three. That said, I don’t see Roberts as the fifth vote to uphold the mandate. If Kennedy votes with ‘the liberals’ then I can see Roberts doing it to, bringing it to 6-3. If Kennedy votes with the conservatives, then I think Roberts will too, making 5-4 for unconstitutional.

Would Kagan have to recuse herself?

[villa]

Hadn’t thought about it, but I doubt it.

[Buck_Godot]

@Fear_Itself

It all depends on who blinks first..

Unfortunately in contests like this the Democrats immediately start batting their eyelashes like a love sick 15 year old.

[Bricker]

@villa

I wouldn’t be so sure of Roberts either. He’s much more of a pragmatist than the other three. That said, I don’t see Roberts as the fifth vote to uphold the mandate. If Kennedy votes with ‘the liberals’ then I can see Roberts doing it to, bringing it to 6-3. If Kennedy votes with the conservatives, then I think Roberts will too, making 5-4 for unconstitutional.

That still makes Kennedy the swing vote.