Obviously Kagan has already seen her own conflict by recusing herself in (at least) 25 cases so far. Will she be consistent? Will the “wise Latina?” We shall see, IF they happen to hear this case.
Kagan has recused herself from hearing every case in which she did legal work for the Government. The Solicitor General's office has apparently done no work in any of the Obama eligibility cases-- they have never filed anything with the Court in this case or any of the prior ones.
Will the wise Latina? We shall see, IF they happen to hear this case.
I expect that the Court will treat this case the way they treated all prior eligibility cases-- cert. will be denied without a single recorded dissent.
She does have that in her favor at least. Hopefully she’ll do the same on this one. But then that will really show up Sotomayor’s lack of ethics of Kagan recuses herself but Sotomayor doesn’t recuse herself.
She does have that in her favor at least. Hopefully she’ll do the same on this one. But then that will really show up Sotomayor’s lack of ethics if Kagan recuses herself but Sotomayor doesn’t recuse herself.