Why Kagan Has Skin in the Game

In my last post I argued that Justice Elana Kagan is obliged by 28 U.S.C. 455 (b)(3) of the federal recusal statute, which applies to Supreme Court justices, to recuse herself from the challenge to the Obama Health Care law. The provision requires a judge to recuse if he or she “has served in …

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Written by Howard Foster on Monday December 5, 2011

Res Judicata: The Case for Kagan's Recusal

The Solicitor General of the U.S. (a position Elana Kagan held in 2010) is the government’s advocate in every case heard in any federal court. Typically the Solicitor will personally argue some cases in the Supreme Court. He or she will certainly be involved with any case that challenges the …

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Written by Howard Foster on Monday November 28, 2011

Kagan is No Rehnquist

Elena Kagan meet Bill Rehnquist. That Bill Rehnquist. Like Kagan, Rehnquist was once young, smart, and ambitious. Like Kagan, Rehnquist served as a political appointee at the Department of Justice. And like Kagan, Rehnquist was once an Associate Justice of the United States Supreme Court. But …

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Written by Lloyd Green on Tuesday November 15, 2011