Wednesday, November 3, 2010

When is a Supreme Court Justice NOT a Supreme Court Justice?

Is Elena Kagan a Supreme Court Justice when she recuses* herself from almost 1/2 of the cases heard??? Does she get to got to the Bahamas the other 1/2 of the time?

"At present there are approximately 52 cases before the Supreme Court, on issues as diverse as rowdy protests at military funerals to video game violence and immigration reforms. Kagan however has already recused herself from 24 of those cases, which means she will not vote in the outcomes of the cases. She will also not sit in on oral arguments to do with cases where she has recused herself.

Kagan, who was the former Solicitor General for the Justice Department  (January 5, 2009 - August 7, 2010) supervised all pending appeals that were to go to the high court. As such she has withdrawn from cases she had previous involvement in, or which might be seen as a conflict on interests."
Kagan recuses herself

(And there are more in the pipeline - she was Solicitor General for over 18 months)

* excuse oneself from a case because of a possible conflict of interest or lack of impartiality

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