Seems obvious Kagan should excuse herself...she’s already done so on several other instances. I don’t know about Thomas...that looks like a grey area to me. I can kinda see their point about Thomas but I’m not so sure its a strong one.
The liberals are going after Thomas on this to deflect attention away from Kagan. They are drawing an equalivance between the two, as if to say that Kagan won’t recuse if Thomas doesn’t recuse.
And the bottom line to liberals is the vote, as it may well be a 5-4 decision. Liberals look at courts as super legislatures, as just another political tool to get their policies enacted.
I don’t see that they have a point at all about Thomas, they are simply saying that as a bona fide conservative justice and a strict constructionist it can be assumed that he will vote against Obama care. That is absolutely no reason to expect that he should excuse himself. In fact the matter is so unconstitutional that any justice who would even consider finding it constitutional should resign. Of course that applies to the bulk of federal law as it exists. If we actually went BACK to the constitution most of the federal government would have to be shut down.