When President Obama nominated Elena Kagan to the Supreme Court in May, we and many others reported out that she’d likely have to recuse herself from a handful of cases for the upcoming term.Read the rest here.
The reason: she was the Solicitor General for the U.S. So she’d be conflicted on a number of cases, having already served as an advocate on many of them.
But we never dreamed that Kagan would recuse herself from half the cases for the upcoming term. But it seems that’s where we are, at least for now. Kagan this week, in the words of National Law Journal reporter Tony Mauro, “quietly” recused herself from 10 more cases to be argued in the upcoming term. That brings the number of cases from which she’s recused herself to 21. As Mauro points out, that’s more than half of the 40 cases the court has so far agreed to hear.
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Well, let us hope she is being dutifully ethical and not lazy in her new digs.
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