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Should Justice Kagan recuse herself from Obamacare ruling?
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January 26th, 2012
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?
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