[Lurking Libertarian]

Obviously Kagan has already seen her own conflict by recusing herself in (at least) 25 cases so far. Will she be consistent?

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.

[butterdezillion]

Isn’t the decision to not file a response also a legal decision in and of itself? A decision that would be made by Kagan?

[rxsid]

Not that I doubt you, but can you provide the evidence for your statement: "Kagan has recused herself from hearing every case in which she did legal work for the Government." Facts are, of course, important. Thanks.