High court rejects request for arguments seeking Elena Kagan's recusal from health law consideration

Jan 24 2012

The justices, who are scheduled to hear more than five hours of arguments challenging the health law, turned down the request without comment. Kagan did not participate in the decision.

Politico: Supreme Court Says No To Debate Over Elena Kagan Health Care Role
The Supreme Court on Monday denied a request for debate over whether Justice Elena Kagan should recuse herself from the health care reform case due to be argued in March. ... Both Kagan and Justice Clarence Thomas have faced calls for their recusals from the case. Opponents of the law argue Kagan should not participate because she was solicitor general during the passage of the law. The law's supporters want Thomas off the case because his wife is actively trying to repeal the law (Haberkorn, 1/23).

The Associated Press: Court Won't Hear Arguments Demanding Kagan Recusal
Freedom Watch asked the high court for time to demand Kagan's recusal or disqualification during arguments on the Patient Protection and Affordable Care Act. ... Justices, who will be hearing more than five hours of arguments on the health care overhaul, rejected the request without comment. Kagan, who was solicitor general under Obama, did not participate in the decision (1/23).

CNN: High Court Turns Aside Recusal Request On Health Care Challenge
The justices without comment on Monday denied the request from Freedom Watch. Kagan herself did not get involved in this particular motion. The court's brief order all but assures the newest justice will participate in the late March arguments, and eventually rule on the cases' merits. Similar calls for recusal from other groups have been directed at Justice Clarence Thomas (Mears, 1/23).