Kagan Recuses Self in Arizona Immigration Law Case

Monday, 12 Dec 2011 02:24 PM

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Supreme Court Justice Elena Kagan has announced that she will recuse herself from a case concerning Arizona’s tough immigration law. Conservatives have hoped that she would make a similar move in the court’s review of President Barack Obama’s healthcare law, The Hill’s Briefing Room blog noted.

Kagan’s decision on the Arizona law sets the stage for a possible 4-4 tie in the case. A tie would uphold the lower court ruling that struck down key provisions of the law and hand the Obama administration a victory. Kagan apparently has stepped aside in the case because of her work when she was the administration’s solicitor general.

Conservatives maintain that she should also step aside in the Obamacare case for similar reasons. She has not done so and has maintained she was not involved in work on the legislation. Liberals have similarly called for Justice Clarence Thomas to recuse because of his wife’s work opposing the legislation, The Hill reported.

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