[supercat]

“Where he has served in governmental employment and in such capacity participated as counsel, adviser or material witness concerning the proceeding or expressed an opinion concerning the merits of the particular case in controversy.”

Unless she would be hearing an appeal of an particular case in which she participated, I don't think the quoted section would apply (but if such a case does come before her, refusal would obviously be required). If the section were read so broadly as to suggest that her participation on one case involving Obamacare would disqualify her from hearing others, such a reading would also require that when a case comes before the court regarding a matters which the court has previously decided, any judges who were on the court when the previous case was decided would be required to recuse themselves--clearly absurd.

[raybbr]

If the section were read so broadly as to suggest that her participation on one case involving Obamacare would disqualify her from hearing others, such a reading would also require that when a case comes before the court regarding a matters which the court has previously decided, any judges who were on the court when the previous case was decided would be required to recuse themselves--clearly absurd.

There's a big difference between actively defending a case and sitting on the bench while the hearing is going on.