High court rejects request for debate over Elena Kagan's recusal from health law review

Jan 25 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).

The Hill: Supreme Court Rejects Calls For Debate Over Kagan's Recusal
Her absence from Monday's order does not indicate that Kagan is likely to heed calls for her recusal. She has taken part in all of the procedural decisions related to the health care challenge itself. Conservative groups say Kagan should sit out the case because she led the office that began preparing the Obama administration's health care defense before she was tapped for the high court (Baker, 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).

The New York Times' The Caucus blog: Supreme Court Rebuffs Conservative Group On Health Care Lawsuit
Justice Kagan and Justice Clarence Thomas have come under intense pressure to recuse themselves from the health care case because of perceived conflicts of interest. Justice Kagan's critics say she should disqualify herself because she was solicitor general while the law was being developed. Justice Thomas's critics say he should step back because his wife openly opposes the law and is working to have it repealed (Southall, 1/23).

Roll Call: Court's Recusal Issues Still Unsettled
The Supreme Court might have blocked a conservative activist from participating in oral arguments against the health care law, but stakeholders maintain it's not a setback in their larger push for Justice Elena Kagan to recuse herself during deliberations this spring. The high court rejected Freedom Watch founder Larry Klayman's request to participate in oral arguments, although his amicus brief maintaining that Kagan should not participate in the case still stands (Brady, 1/24).