Appeals Court rules part of Obamacare unconstitutional......

[J. J.]

2)If the Supreme Court does review the constitutionality of the mandate, how will they rule?

I think it will be a 4-4-1 split, all conservatives objecting on the basis of the Commerce Clause, with Anthony Kennedy being the deciding vote.

What I want to know is what would happen if Kagan recuses herself and there is a 4-4 deadlock?

There's no reason for her to recuse herself.

I think she was somehow involved with the process, but I don't know what role that was.

[J. J.]

2)If the Supreme Court does review the constitutionality of the mandate, how will they rule?

I think it will be a 4-4-1 split, all conservatives objecting on the basis of the Commerce Clause, with Anthony Kennedy being the deciding vote.

What I want to know is what would happen if Kagan recuses herself and there is a 4-4 deadlock?

There's no reason for her to recuse herself.

I think she was somehow involved with the process, but I don't know what role that was.

She's said she wasn't.  I'm willing to take her word for it.  That being said, with as much as Obama had been criticized up to that point, he probably should've known she'll be criticized for not recusing herself, and he's probably going to regret nominating her.

As I said, I have no idea of her role; some people were suggesting that she did have some role.  I take a dim view of a lot of the claims of conflict of interest.  I'd need to see something substantial before I'd be calling for it.

[J. J.]

2)If the Supreme Court does review the constitutionality of the mandate, how will they rule?

I think it will be a 4-4-1 split, all conservatives objecting on the basis of the Commerce Clause, with Anthony Kennedy being the deciding vote.

What I want to know is what would happen if Kagan recuses herself and there is a 4-4 deadlock?

There's no reason for her to recuse herself.

I think she was somehow involved with the process, but I don't know what role that was.

That has never stopped the SC before.

There were a couple.  Thurgood Marshall recused himself from a case to which the NAACP was party, in the late 70's or early 80's.

I think to recuse herself, it will have to be more than, "Well, she in the building while they were doing it."  She indicated it would be on a case by case basis:  http://www.washingtontimes.com/news/2010/jul/19/kagan-would-weigh-health-law-recusal-case-case/

It depend on what, if any, involvement she had with it.  I would not be calling for it, unless there was substantial involvement on Kagan's part.

[J. J.]

What is also "common sense" is the position that once the sale of something is mandated, the providers of that something have significantly less incentive to control costs.

Wrong.  Where I live it is mandatory that every family purchase at least one car in order to get around.  Public transportation is nonexistent.  Automakers still compete on price around here.

Does the government force you to live there?  Do you have feet?

I lived in a town without a public library for 18 years.  Did the government require me to buy books?

[J. J.]

What is also "common sense" is the position that once the sale of something is mandated, the providers of that something have significantly less incentive to control costs.

Wrong.  Where I live it is mandatory that every family purchase at least one car in order to get around.  Public transportation is nonexistent.  Automakers still compete on price around here.

Does the government force you to live there?  Do you have feet?

I lived in a town without a public library for 18 years.  Did the government require me to buy books?

Well, the federal government also doesn't force anyone to live in the United States. You can always go to Canada, Mexico, or even join the Amish.

There is an exit option, locally.  If I want to establish a bus company, I, and a few like-minded individuals can form one.

The Amish is basically something you have to be born into.

Sorry, but the claim that the "government" is "forcing" anyone to buy a car is silly, to the point of insanity.