Justice Kagan Recuses Herself From Case Involving Arizona Immigration Law

cnsnews.com ^ | 12-12-11 | MARK SHERMAN

[Justaham]

The Supreme Court agreed Monday to rule on Arizona's controversial law targeting illegal immigrants, setting the stage for an election-year decision on an issue that is already shaping presidential politics.

The justices said they will review a federal appeals court ruling that blocked several tough provisions in the Arizona law. One of those requires that police, while enforcing other laws, question a person's immigration status if officers suspect he is in the country illegally.

The Obama administration challenged the Arizona law by arguing that regulating immigration is the job of the federal government, not states. Similar laws in Alabama, South Carolina and Utah also are facing administration lawsuits. Private groups are suing over immigration measures adopted in Georgia and Indiana.

The court now has three politically charged cases on its election-year calendar. The other two are President Barack Obama's health care overhaul and new electoral maps for Texas' legislature and congressional delegation.

Justice Elena Kagan will not take part in the Arizona case, presumably because of her work on the issue when she served in the Justice Department.

Arguments probably will take place in late April, which would give the court roughly two months to decide the case.

Some 12 million illegal immigrants are believed to live in the United States, and the issue already is becoming a factor in the 2012 campaign. Republican Sen. John McCain said recently that large Hispanic populations in his home state of Arizona and elsewhere are listening carefully to what Republican candidates have to say on immigration.

[Lurking Libertarian]

Actually, I’ve heard and read that if she’d do the right thing, she’d need to recuse herself from at least 25% of the cases they’d be likely to hear. But that’s only IF she’d do the right thing. We know she won’t - she’s on BHO’s team, after all.

She did recuse from about 20% of the cases in her first term, since she had represented the Government before the Supreme Court in the certiorari filings in those cases. There will be a lot fewer recusals as time goes on.

[Lurking Libertarian]

Can a Justice later recuse from a case, after the decision has been made to hear the case? I would expect that to be true, hence the growing pressure on Thomas and Kagan regarding ObamaKare

Theoretically possible, but very rare.

[Lurking Libertarian]

The pig sotomayer needs to recuse her racist butt from this case as well.

On what grounds? Sotomayor was born in New York, and is of Puerto Rican descent. New Yorkers and Puerto Ricans are citizens.

[Scotsman will be Free]

She’s a racist.