I voted 5-4 strike down of the law, but I think it should be 5-3. Kagan had some involvement in the creation of this monstrosity and should recuse herself.
http://jonathanturley.org/2011/11/15/sh ... care-case/
E-mails have emerged between Kagan and Harvard Professor Laurence Tribe where Kagan discusses the legislation in passing and expressly support[s it]. In discovery obtaining by Judicial Watch, then-Solicitor General Elena Kagan writes to Tribe, who was serving in the Justice Department, “I hear they have the votes, Larry!! Simply amazing.” Tribe started the email exchange with a message with a subject line of “fingers and toes crossed today!” However, the primary reason for the message appears to be a planned dinner. He wrote: “So health care is basically done! [R]emarkable. And with the Stupak group accepting the magic of what amounts to a signing statement on steroids!”
(Jonathan Turley is a puzzle - He is a self-described liberal law professor at GWU and has called for prosecution of GWB for war crimes. On the other hand he supported Clinton's impeachment and also the Second Amendment as an individual right).