Will Kagan — and Recusal Law — Cost Obamacare a Vote?

Terence P. Jeffrey

7/14/2010

What are the odds that while serving as President Barack Obama’s solicitor general, Elena Kagan never expressed her opinion about lawsuits that were filed challenging the constitutionality of Obamacare?

If Kagan did express her opinion, federal law requires the she be disqualified from those cases if she is confirmed as a justice and they come before the Supreme Court.

In a court often divided 5-4 — and where Kagan is replacing Justice John Paul Stevens, one of the court’s most reliable liberal votes — the law in question may well cost Obama the deciding vote on the constitutionality of the most monumental piece of legislation he will ever sign.

And here you can read… the rest of the story. …..