Friday, February 4, 2011

Should Kagan Recuse on Healthcare Suit?

I think she would avoid the appearance of impropriety if she did, but if she didn't I don't put it past her to be objective. A 4/4 split would be pretty bad for the country if she did, but a 5/4 ruling upholding Obamacare would be much, much worse.

Sad commentary on the political system in America that this is even a question, and that the response to it will likely split perfectly down the political aisle.

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