Dem appointed judges fall in line when it is a marquee Dem piece of legislation that is being considered. Bush-Gore was not about the constitutionality of a Congressional legislative act.It was about the Fla Supreme Court’s misinterpretation of the Constitution.And even in that case the first SC vote on Bush-Gore WAS 5-4 (with all 3 Dems voting with Gore) that the Fla Supreme Court could not order a full recount without an objective measurable counting criteria. The second vote was 7-2 when the Fla SC tried to get around the ruling by ordering a limited recount. It did not involve new legislation. IMHO the only conflicted judge on that bench is Kennedy and he is the only one who will compromise with himself by striking down the mandate but not the entire bill under severabiity. My bet is 5-4 with Kennedy joining the conservatives in striking down the mandate and perhaps 5-4 or 6-3 with Kennedy joining with the Dems not to strike down the entire bill under severability.IMHO The Dems will vote in unison for all aspects of the bill.
Kennedy said today that leaving parts of the law in place would be worse than striking the entire thing. On that very note, ALL the justices were conflicted on how to possibly rule which parts would be left intact (a near impossible feat if you ask me).
This is NOT an opinion case like abortion.(which really was a states rights issue) There are rules in place that either must be followed, thrown out or rejudicated each time congress goes berserk.
IMO they will follow precedent/rules in place. It is NOT a tax, nor follow the current rules of commerce. It was an attempt by the over zealot congress to change the constitution via the judiciary. Not gonna happen.