Query for the legal eagles out there: if Kagan does not recuse herself, and votes to uphold 0bamaCare, could the strong evidence of her participating in discussions in the administration as solicitor, and cheering on the passage of the legislation, be grounds for her impeachment in 2013 if the pubbies hold the House and take the Senate in the 2012 election?
I’m no lawyer, but it’s my understanding that the standard for impeachment is vague enough that you can make nearly anything grounds for impeachment, if you have the votes.