Justices Thomas and Kagan refused to recuse themselves (sit out) the ObamaCare case.
No net change as Thomas will vote almost certainly vote against it, Kagan (appointed by Obama) will almost certainly vote for it. Obama sought "empathetic" Justices for the Supreme Court. How could any sincerely "empathetic" Justice vote against expanding the welfare state? They will cancel each other out. As usual, J. Kennedy will be the swing vote in what is very likely to be a 5-4 decision.
I didn't expect Kagan to recuse herself. She impresses me as the typical pushy New Yorker whose decisions benefit her own social progressive ideology and personal agendas. Of course, at the expense of justice and anyone who truly understands and wisely follows our country's constitutional bylaws.
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