The Supreme Court today quashed a wingnut demand that Justice Elena Kagan recuse herself from the coming case to overturn Obamacare.
Freedom Watch, a group led by Larry Klayman, asked the court for permission to file a brief on Kagan’s participation in the case. The court on Monday denied the request without comment, though it did note that Kagan did not participate in the discussion. Both Kagan and Justice Clarence Thomas have faced calls for their recusals from the case. Opponents of the law argue Kagan should not participate because she was solicitor general during the passage of the law. The law’s supporters want Thomas off the case because his wife is actively trying to repeal the law.
Today’s move doesn’t necessarily mean that either justice won’t recuse themselves voluntarily.