In an amicus filing supporting neither party in the case, the group Freedom Watch claimed that Kagan’s work in the Obama Administration shows that she “has demonstrated an extra-judicial bias and prejudice and must respectfully recuse herself or be disqualified,” according to SCOTUSblog.
Kagan did not participate in consideration of the oral argument motion – a routine approach for justices when a matter involves them directly. But considering that Kagan has participated in other orders related to the health care challenge, it is expected that she will hear the case.
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