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.
Kagan signaled her recusal, as often happens at the high court, by stating she was not participating in a routine action on the case — in this instance a motion for divided argument and argument time for the acting solicitor general.
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