Supreme Court nominee Elena Kagan says she would weigh recusing herself from matters related to the new health care law on a case-by-case basis.
Kagan responded Monday to questions from Senate Judiciary Committee Republicans about her involvement as solicitor general in defending the law. The committee is to vote on her nomination Tuesday after the GOP pushed for a one-week delay.
Kagan was solicitor general while the health law was being passed and as states sued the federal government to challenge its constitutionality.
She told Republicans she had no involvement in developing the government's response to the lawsuit and never offered her views. She said she attended at least one meeting where the litigation was briefly mentioned.
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