[Sgt_Schultze]

If she could have got that, he would have had to recuse himself if that case ever (and it may possibly do so) come to the Supreme Court.

Would he? Kagan literally shepherded the ACA through approval on behalf of the obama administration. After taking her place on the SC, she did not recuse herself from the case deciding the constitutionality of the law.

[gibsonguy]

I think they are trying to trap him into a recusal