Justices won’t hear challenge to health-care law

November 9, 2010

By Robert Barnes, The Washington Post

More interesting is that there is no indication that Justice Elena Kagan sat out the decision on a challenge brought by a former California legislator. That could be an indication she sees no conflict in hearing cases involving health-care reform, despite her role in the Obama administration.

During her confirmation hearings, Kagan said that as President Obama’s solicitor general, she had not been involved in legal strategy sessions about how to defend the health-care plan against charges that it is unconstitutional. She declined to say whether she would recuse herself if the issue reached the Supreme Court.

Kagan has recused herself from many cases that have come before the court this year, including three on the list of petitions that the court said on Monday it would not be granting.

To read more, visit: http://www.washingtonpost.com/wp-dyn/content/article/2010/11/08/AR2010110806297.html

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