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To: CincyRichieRich
You are right, a 4 - 4 tie will sustain the lower court opinion, but will not be precedent - that is, lower courts do not have to follow the Supreme Court Decision as if it affirmatively upheld the lower court decision.

That being said, I have a different take. I believe she is recusing herself on these lesser cases (in this case, she has little choice, she was involved with the Administrations fight against Arizona) - in order to NOT recuse herself on Obamacare. She has recused herself numerous times already, appropriately. She has credibility on this issue and will have support if she stays on with the Obamacare case.

You need 4 Justices to agree to hear a case to grant it certiorari. I assume Kagan did not participate in that, but that is not public. However, she did not publicly recuse herself like she did here, so I would guess she is staying in.

10 posted on 12/12/2011 1:35:33 PM PST by dan on the right
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To: dan on the right

You are absolutely 100% correct in your asessment.

She is recusing herself on a few other court cases for public image, to set herself up for not recusing herself on the grand enchilada (Obamacare)

You can set your watch to the actions of anybody remotely connected to this administration. They are so so very predictable....


31 posted on 12/12/2011 5:41:41 PM PST by neverbluffer
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