“Kagan had to recuse herself since she helped the administration fight S.B 1070 as Solicitor General prior to her nomination”
And, of course, was up to her fat eyeballs on ObummerCare as Solicitor General but refused to recuse on that one. And the spineless Republicans would not make an issue of it.
Since the spineless Republicans have no way to affect the Court’s deliberations you are looking for the impossible.
Even Thomas Jefferson could not affect the Court to his rage and mortification and he was a heck of a lot smarter than any of today’s politicians.