If you are planning a visit for an early glimpse of new U.S. Supreme Court Justice Elena Kagan when the Court term begins in October, you might want to check which cases are being heard on the day you go. She will be off the bench as much as on for the first few sittings of the fall term. She recused in 10 more cases on Sept. 7, bringing to 21 the number in which she’ll step aside — more than half the 40 cases the Court has agreed to hear so far. For example, she won’t be participating in any cases set for argument on Oct. 5 or Oct. 12, so is unlikely to take the bench either day. Why so many absences? It’s all because of Kagan’s former job as solicitor general. She indicated during confirmation that she would not sit in 11 cases in which she was counsel of record as solicitor general. But the new batch was apparently triggered by her determination that her participation at earlier stages required her recusal. Documents released to The National Law Journal indicated her involvement in some of the new cases, even when the SG did not file a brief. The best-known case she has taken herself out of is Chamber of Commerce v. Whiting, testing the power of states to regulate hiring of illegal aliens. — Tony Mauro
THAT’S WHAT FRIENDS ARE FOR
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