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Kagan recuses herself from Arizona case


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The Hill:

Justin Sink

Justice Elena Kagan said Monday that she would recuse herself from the challenge to Arizona's controversial immigration laws, presumably because she served as President Obama's solicitor general when the federal government filed the original lawsuit against the state.

Her recusal opens up the possibility for a rare 4-4 split on the court; since a lower court blocked provisions of the law, the tie would uphold that ruling and function as a win for the Obama administration. But the court would not be able to settle the larger issue of whether the Arizona statute is constitutional in the event of a tie.

Kagan's recusal breaks from her decision to hear the challenge of the president's healthcare reform law. Kagan has maintained that she did not serve as legal counsel during preparation of the healthcare legislation, although e-mail records between her and a Harvard professor show her cheering passage of the bill.

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With her recusal, the more likely outcome will be a 4-4, which is a victory for the left/DoJ, since the “ruling on the field” (the previous injunction against the AZ law by a district court) will be allowed to stand. Rather unimpressive, since she won't recuse herself from the Obamacare case. I wish that other idiot Obama appointed would do the same on this one, though - Montemayor, or whatever her name is.

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