When she was up for confirmation, Supreme Court Justice Elena Kagan provided the Senate with a list of 11 pending cases in which she would recuse because of her participation as solicitor general. In a routine order list issued Friday, Kagan indicated she was not participating in an additional case -- the vaccine liability case of Bruesewitz v. Wyeth, set for argument Oct. 12. But the government's brief in the case is signed by Acting Solicitor General Neal Katyal, so why would Kagan have recused?
Kagan Indicates She'll Recuse in a 12th Pending Case
The National Law Journal
September 7, 2010