The Spectacle Blog

Kagan vs. Recusal

By on 11.16.11 | 9:30AM

Should Elena Kagan recuse herself in the Obamacare case? Jennifer Rubin offers the most measured and astute analysis yet. In the end, we'll see what stuff Justice Kagan is made of:

It is her conscience and legal ethics that must guide her decision.… Kagan has apparently decided to plunge ahead and rule on the case. But you have to wonder if a justice who hopes to be on the Supreme Court for years to come and who craves the respect of the legal profession should put in jeopardy her reputation and integrity, no matter how important a single case may be.

If the Supreme Court upholds the constitutionality of Obamacare with hers as the decisive vote, the opinion will be forever tainted. 

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