U.S. District Judge Ellen Huvelle, a Clinton appointee, ironically provided evidence last week that seals the case that Justice Elena Kagan is required by law to recuse herself from cases challenging Obamacare.

The law in question is 28 U.S.C. 455. It mandates that a justice "shall disqualify himself in any proceeding in which his impartiality might be reasonably questioned" or "(w)here he has served in governmental employment and in such capacity participated as counsel, adviser or material witness concerning the proceedings ..."

Here is why Kagan must recuse:

In December 2009, the Senate passed the Patient Protection and Affordable Care Act — or "Obamacare." Its fate then moved to the House. Within days, states were threatening to challenge Obamacare in court if it were enacted.

Kagan was then President Obama's solicitor general. Her job was to defend his administration's positions in federal court disputes...