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…

Individual Privacy Victory in the Supreme Court

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The Supreme Court yesterday unanimously sided with Gun Owners of America in finding that the placement of a Global Positioning Device on an automobile constitutes a “search” for purposes of the Fourth Amendment. The majority opinion in U.S. v. Jones was written by Justice Antonin Scalia and follows GOA’s reasoning to throw out the “reasonable expectation of…

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…