Despite the obvious conflict of interest, the Supreme Court has denied a request even to debate Justice Elena Kagan’s involvement in the Court’s review of Obamacare. Kagan, who is widely reported to have helped draft the legal strategy to get the legislation through the Court, now sits in that very Court ready to hear the case of her own strategy. Politico reports,
The Supreme Court on Monday denied a request for debate over whether Justice Elena Kagan should recuse herself from the health care reform case due to be argued in March.
Freedom Watch, a group led by Larry Klayman, asked the court for permission to file a brief on Kagan’s participation in the case. The court on Monday denied the request without comment, though it did note that Kagan did not participate in the discussion.
But Chief Justice John Roberts has squashed the issue:
“I have complete confidence in the capability of my colleagues to determine when recusal is warranted,” Roberts wrote in his year-end report. “They are jurists of exceptional integrity and experience whose character and fitness have been examined through a rigorous appointment and confirmation process.”