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

[minionofmidas]

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.

[minionofmidas]

That was a long time ago. Also, were these cases that could easily go 4-4 without him? Heck, if normal rules applied half the court might have recused themselves for Bush vs Gore. They don't.