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?
Then they keep holding it over for a rehearing until one of them dies, retires, or changes their mind. This case is coming to the court with divergent opinions from different circuits. A 4-4 deadlock is not an acceptable option.
