Recusal Refusal: Latest on the ObamaCare case

Justices Thomas and Kagan refused to recuse themselves (sit out) the ObamaCare case.

No net change as Thomas will vote almost certainly vote against it, Kagan (appointed by Obama) will almost certainly vote for it. Obama sought "empathetic" Justices for the Supreme Court. How could any sincerely "empathetic" Justice vote against expanding the welfare state? They will cancel each other out. As usual, J. Kennedy will be the swing vote in what is very likely to be a 5-4 decision.