As the oral argument in the Fisher v. University of Texas affirmative action case was about to get underway Oct. 10, Supreme Court Justice Elena Kagan stood up from her chair and walked out, signaling her recusal in the case.
Her exit was anticipated, as she had recused from orders issued in the case as early as February. The universally accepted reason for her recusal is that she was involved in earlier stages of the dispute during her tenure as solicitor general.
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