28 U.S.C. § 455 : US Code - Section 455: Disqualification of justice, judge, or magistrate judge
(a) Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.
(b) He shall also disqualify himself in the following circumstances:
(1) Where he has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding;
(3) 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;
Note that (b)(1) and (b)(3) use "he" when referring to the judge. Perhaps Kagan gets off on a technicality.
I'm sure there's a statute somewhere that defines the word "he" as a general appellation to describe a person, regardless of gender.
Thanks for posting the US code (Title 28). I don't see how the Supreme Court gets around this. Kagan clearly has a conflict of interest in this case, and per the law, MUST recuse herself, or face impeachment.
This must not be allowed to stand, or our entire system of jurisprudence will be thrown out the window.