Kagan Now Recused From 21 Pending Supreme Court Cases - Law Blog - WSJ: "When President Obama nominated Elena Kagan to the Supreme Court in May, we and many others reported out that she’d likely have to recuse herself from a handful of cases for the upcoming term.
The reason: she was the Solicitor General for the U.S. So she’d be conflicted on a number of cases, having already served as an advocate on many of them.
But we never dreamed that Kagan would recuse herself from half the cases for the upcoming term. But it seems that’s where we are, at least for now. Kagan this week, in the words of National Law Journal reporter Tony Mauro, “quietly” recused herself from 10 more cases to be argued in the upcoming term. That brings the number of cases from which she’s recused herself to 21. As Mauro points out, that’s more than half of the 40 cases the court has so far agreed to hear.
Mauro reports that during her confirmation this summer, Kagan said she would in 11 cases. So why the extra 10? Apparently she’s decided that her participation at earlier phases, even in cases in which her office did not formally offer up an opinion, mandate her recusal."
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