red states rule
12-13-2011, 04:35 AM
Well Ms Kagan did the right think on this case - now will she do the same with the Obamacare case?
Justice Elena Kagan said Monday that she would recuse herself from the challenge to Arizona's controversial immigration law, presumably because she served as President Obama's solicitor general when the federal government filed the original lawsuit against the state.
Her recusal opens up the possibility for a rare 4-4 split on the court; since a lower court blocked provisions of the law, the tie would uphold that ruling and function as a win for the Obama administration. But the court would not be able to settle the larger issue of whether the Arizona statute is constitutional in the event of a tie.
Kagan's recusal breaks from her decision to hear the challenge of the president's healthcare reform law. Kagan has maintained that she did not serve as legal counsel during preparation of the healthcare legislation, although email records between herself and a Harvard professor show her cheering passage of the bill.
http://thehill.com/blogs/blog-briefing-room/news/198749-kagan-to-recuse-herself-from-arizona-immigration-challenge
Justice Elena Kagan said Monday that she would recuse herself from the challenge to Arizona's controversial immigration law, presumably because she served as President Obama's solicitor general when the federal government filed the original lawsuit against the state.
Her recusal opens up the possibility for a rare 4-4 split on the court; since a lower court blocked provisions of the law, the tie would uphold that ruling and function as a win for the Obama administration. But the court would not be able to settle the larger issue of whether the Arizona statute is constitutional in the event of a tie.
Kagan's recusal breaks from her decision to hear the challenge of the president's healthcare reform law. Kagan has maintained that she did not serve as legal counsel during preparation of the healthcare legislation, although email records between herself and a Harvard professor show her cheering passage of the bill.
http://thehill.com/blogs/blog-briefing-room/news/198749-kagan-to-recuse-herself-from-arizona-immigration-challenge