Should Justice Kagan recuse herself from Obamacare ruling?
Her office when she was Solicitor General was involved in preparing the government’s defense of the Health Care Reform Act before she was selected to become a Justice.
Whether she had direct input or not, there is precedence for her to recuse. Justice Jackson recused himself in 1943 because he inherited a case in 1940 when he was appointed Attorney General.
He had no direct input into the case, but his office made him officially responsible for the case.
I believe the same is true for Kagan in this case.
Do you agree?