(CNSNews.com) – If confirmed to the Supreme Court, Elena Kagan may have to recuse herself if the health care reform law comes before the high court. This is the case because as solicitor general of the United States in the Obama administration, Kagan may have helped craft a legal defense of the law or given advice to Congress or the White House on how to draft the statute.
Historically, Supreme Court justices recuse themselves from hearing cases in which they have previously been involved. Kagan, who as solicitor general is responsible for defending the federal government in federal court and before the Supreme Court, may have been involved in responding to lawsuits challenging the constitutionality of the health care reform.
To date, more than 13 state attorneys general have filed lawsuits, challenging the legality and constitutionality of the health care bill that Obama signed into law in March...