Did she state before her confirmation hearing that she had nothing to do with the health care law???
It’s a shame she’s not honorable enough to put this question away now. That said, if she hasn’t recused by the time the case is heard, Plaintiff’s counsel and others should submit Kagan’s amicus brief into the Supreme Course record and reference it in their arguments. If she’s on the bench when Plaintiff’s counsel makes oral arguments, counsel’s first words should specifically reference her and point to some argument or parallel to the current case in her amicus brief (i.e. as Solicitor General Kagan argued in her amicus brief dated...). If she does not recuse - file bar complaints and go after her law license.
This business reeks. That said, if she is on the bench at oral argument and is in so many words called out by plaintiff’s counsel, then the court does not strike down the law on multiple grounds, the afterhocks might well end the Obama administration even if it may have otherwise survived. The alternative in that instance, which would be the demise of the courts as a third branch of government and check against excesses of the other two branches, is too terrible to imagine.