Kagan is supposed to recuse herself, as she was Solicitor General and thus deeply involved in the jamming of Obamacare down our throats.
Yet the scrunt sat in the court during oral arguments.
There's a political angle to this issue, in addition to the obvious one vis a vis SCOTUS and its constitutional duty to interpret the law.
It could well be that Barry and his Chicago thugs already see the handwriting on the wall (Obamacare will be struck down
in toto) and thus intend to remove this legislation as an election talking point -- except, of course, to point out that Romney championed Obamacare at the federal level, even though Romney now says he'll repeal it.
In other words, this goat**** legislation will be removed from the political spectrum leaving bin Laden's corpse, Barry's lies about increased drilling for oil, and just recently, some kind of bullshit crackdown on illegals that are known serious criminals (leaving the illegals that are presumably less serious criminals (since, after all, they're illegal) completely alone) as sidebar issues that make Barry look more presidential.
The lies and spin enacted by Sandra Fluke has had a serious effect on women, who now appear to be waffling and are heading back to the Obama camp (women, after all, were central in electing Obama to begin with), according to Bret Baier's program on Fox yesterday.
So all of these things (the lies and spin, principally) will serve Barry well as the average voter is too stupid to recognize how he's being swindled.