You know, I tend to get excited over news items like this, only to get hit with the perverbial sledgehammer of disappointment later. So I will hold me enthusiasm until I see that Kagan has recused herself or that Kennedy isn’t channeling his inner Ted Kennedy on this one.
She did not recuse herself from the vote to hear the case (but did recuse herself from 6 other votes announced today on whether or not to hear cases). So she is apparently not going to recuse herself.