Many Republicans, as well as some nonpartisan observers, contend that Supreme Court Justice Elena Kagan should recuse herself from any court decision involving the new healthcare law. That argument stems from the fact that Kagan was in charge of defending Obamacare as President Barack Obama’s solicitor general before he appointed her to the nation’s highest court. Sen. Orrin Hatch, R-Utah, is among those advancing the position that she should recuse herself, The Hill reports
|Sen. Orrin Hatch
"I think that Kagan, who was the solicitor general at the time this was all done, probably should recuse herself, which means it might not be resolved by the Supreme Court," Hatch, former chairman of the Senate Judiciary Committee, tells Fox News. "That means the lower court decision will be the acting law."
He was referring to a Florida federal judge’s ruling this week that overturned the law as unconstitutional.
In that case, U.S. District Judge Roger Vinson accepted without trial the states' argument that the new law violates people's rights by forcing them to buy health insurance by 2014 or face penalties.
Administration attorneys had argued that the states did not have standing to challenge the law.
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