Kagan should recuse from health care case

A Supreme Court justice's decision to recuse is no small matter. But it's hardly a rare occurrence. For example, because of her previous work as Solicitor General - the government's lead lawyer before the Supreme Court - Justice Elena Kagan recused herself from 29 of the 82 cases the Supreme Court heard in her first term, and she's already recused herself from 69 cases in this current term, including the high-profile Arizona Immigration Law Case.

Seems to me, if there was ever a case from which Kagan should recuse herself, it is the case deciding the constitutionality of ObamaCare.

Kagan was involved in crafting the government's legal defense of ObamaCare and it is clear that her conflict of interest is just as great in this case as it has been in any of the others from which she has already recused herself.

Chief Justice Roberts has appropriately expressed confidence in each member being sure of the need before deciding on recusal. I must ask, how can Kagan not be sure of the need to recuse herself from the ObamaCare case when it is so clearly obvious to the rest of us?

Karen Hempen

Argyle