Debate heats up over whether Kagan should participate in Supreme Court’s health care law ruling

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With just weeks until the U.S. Supreme Court considers the constitutionality of President Obama’s health care law, there are new calls for Justice Elena Kagan to recuse herself from the case. Her critics point to a 2010 case regarding a San Francisco health measure, in which then-Solicitor General Kagan’s office filed an amicus brief touting…

Should a judge recuse themself if they helped write, defend, and lobby a law their court will be hearing?

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When a judge has a conflict of interest with a particular case they “recuse” themselves — they basically step aside and let another judge handle the case. Do so not only insures that a judge won’t let their bias influence their decision, perhaps more importantly it removes the perception of bias that might undermine the…