In one of her first official acts as solicitor general, Elena Kagan recused in a brief filed with the Supreme Court on Wednesday in Horne v. Flores, an Arizona education case with civil rights implications. Normally, the SG is the counsel of record on such briefs, but instead, Deputy Solicitor General Neal Katyal was listed as the main lawyer in the capacity of acting solicitor general. The likely reason for Kagan stepping aside may be found on the face of another brief in the case.
Solicitor General Kagan Recuses in Supreme Court Brief
March 30, 2009