Health Care: Should Justice Kagan Recuse Herself?
If it is true that Kagan expressed an opinion on the merits, the dilemma she faces pits the integrity of the Court against what she (and many others) may see as a greater purpose: to fight for and protect a law she apparently believes in passionately. She likely also feels loyalty to the man who put her on the court; after all, if this law is overturned, it might do serious damage to his reelection chances. But should these considerations matter? What about the public’s confidence in an independent and objective judiciary?

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