Showing posts with label recusal. Show all posts
Showing posts with label recusal. Show all posts

December 12, 2011

Health Care Bad News: Kagan recuses herself. Wait, what?

Justice Kennedy's got that swing?
This is indeed bad news.  Supreme Court Justice Elana Kagan has recused* herself from hearing and a big deal case.  The bad news, is that it's not Obamacare (emphasis added);
At stake is Arizona’s goal of granting state and local police the power to check the immigration status of persons they encounter during their duties, such as traffic stops. Administration lawyers argue the state statutes infringe on what is federal responsibility to police the borders and set immigration policy.

In its notice, the court said Justice Elena Kagan had recused herself from the decision to take the case.

Justice Kagan has come under fire for not recusing herself from the decision to hear challenges to the new health care law.

She was Mr. Obama’s solicitor general from March 2009 up through May 2010, though she stopped taking part in cases in March 2010 so she would preserve her ability to hear them as a justice.

The health care law was signed in March 2010. Arizona’s immigration law passed in April 2010.
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