Hatch: Kagan should recuse herself from any challenge to healthcare reform

[Geee]

The Hill:

Supreme Court Justice Elena Kagan should recuse herself from cases considering whether the new healthcare law is constitutional, according to Sen. Orrin Hatch (R-Utah).

Hatch, a former chairman of the Senate Judiciary Committee, said that it would be most appropriate for Kagan to decline participation in cases on health reform. Kagan served as President Obama's solicitor general before being named to the high court.

"I think that Kagan, who was the solicitor general at the time this was all done, probably should recuse herself, which means it might not be resolved by the Supreme Court," Hatch said Wednesday evening on Fox News. "That means the lower court decision will be the acting law."

Hatch's remark reflects the political gamesmanship that's sure to surround the Supreme Court's expected consideration of healthcare reform at some point.

[Casino67]

What happens if there is a tie vote? Is it a wash? Does the original law or court decision stand?