Supreme Court Justice Elena Kagan last week recused herself in 10 cases that will be argued in the term beginning Oct. 4, bringing to 21 the number of cases in which she will not participate. During her confirmation this summer, Kagan indicated she would recuse in 11 cases in which she was counsel of record as solicitor general. The new batch appears to reflect a determination that her participation at earlier stages -- even where her office did not file a brief -- required her to step aside.
September 13, 2010 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
Supreme Court Justice Elena Kagan last week quietly recused herself in 10 cases that will be argued in the term beginning Oct. 4, bringing to 21 the number of cases in which she will not participate.
That represents more than half of the 40 cases the Court has already agreed to hear in the new term — a number that will grow in coming months as the justices agree to hear arguments in more new cases.
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