This is an interesting answer, but it assumes that Roberts only wants to overthrow the law. If Kennedy votes to uphold, it doesn't matter whether Kagan abstains or not--I believe a 4-4 tie would uphold the law. And wouldn't that make this even more of a mess, an unpopular law being upheld by a 4-4 tie?
And, if the Court is so interested in their power and reputation, you would think they owe the current President a smackdown for his berating them in the 2011 SOTU address.
I'm reading the Toobin book on the Supremes now. In it, he claims the Justices have very little interaction with one another...at least, they aren't chummy within their offices. There aren't many casual strolls from office to office, not a lot of mundane small talk--"who do you like on American Idol? Oh, really? Which way you gonna vote on the ACA? Want to do Chili's for lunch?"
Does Toobin mention that Ginsburg and Scalia play contract bridge together? I’d call that chummy even though they’re polar opposites on the bench.
I don’t think the Court will be interested in political reputation or a black president. I think this decision will be purely Constitutional.
Maybe I’m dreaming, but I sure hope not.
This is a huge attempt at a power grab by the Marxists.