Supreme Court Justice Elena Kagan’s absence from the bench October 15 during arguments in the closely watched Michigan affirmative action case highlights the fact that three years into her tenure, her prior job as solicitor general is still triggering numerous recusals.
Justice Samuel Alito Jr. has also recused in a significant number of cases already this term, some of which cannot be explained by his stock holdings. An inheritance in 2012 left him with a broader portfolio of stocks in companies involved in cases before the court. But he sold them late last year, making it unlikely that they are the reason for his latest actions.
