[Venturer]

:Lets see they want Thomas to recuse himself,because his wife didn’t like the Bill they want Kagen to recuse because SHE was for it.

Kagen should recuse, but won’t who knows what Thomas will do, but they may as well both stay as we know which way both will vote and they will neutralise each other.

[libstripper]

Kagen should recuse, but won’t who knows what Thomas will do, but they may as well both stay as we know which way both will vote and they will neutralise each other.

Yes, in terms of simple numbers; possibly "no" in terms of the case's outcome. Kagan's failute to recuse herself will be really crass and may antagonize the four originalist Justices plus Justice Kennedy. Given the Illegal's vile attack on Kennedy for Kennedy's decision in Citizens United, there's at least a possibility that a Kagan failure to recuse would just enough to tip Kennedy to the side of the angels. We can only hope.

[runninglips]

The Hegelian dialectic. Thesis, Antithesis, Synthesis. You have been snookered. Kagan should recuse herself, Thomas should not. You cannot call for recusal because of the views of the spouse. No quarter should be given. Kagans conflict is her own doing.

Thomas's is just bait thrown out to take one of "ours" out. The left knows Kagan has a clear conflict, the solution is to take one of ours out too.

This is like a hockey game where Kagan is penalized for punching another player. Justice Thomas, who wife was for the other team calls out from the stands "Clarence" high stick her back. He declines, but he wanted to, so both sit in the penalty box.