Justice Elena Kagan to recues or not

We understand that talk is cheap and at times people say things to make headlines. We do not believe this is the case when it comes to Republican Senator Orrin Hatch. We think this is a case where you want to send something out to see if it floats and gets traction. Senator Hatch who is an opponent of Obamacare, says Justice Elena Kagan should not take part in the widely expected Supreme Court consideration of the new law. This is really starting to gain traction as the count is two federal judges have declared the law unconstitutional and two other judges have upheld it. Senator Hatch is using the argument that Kagan participated in discussions about the law and challenges to it while she served in the Justice Department as Obama’s top Supreme Court lawyer. The issue of Kagan’s participation is huge as her absence could leave the court split 4-4, which would prevent it from settling the subject with a uniform set of rules for the entire country. She is already on the record as when Kagan addressed her participation during her confirmation hearing. She said then that she attended at least one meeting where the existence of the litigation was briefly mentioned. We think this is a long shot but it was worth throwing out there now to get her on the defensive and try to find support for her to recues herself.

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