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To: Michael.SF.
Having done this, it seems like it will be very difficult for her to NOT recuse herself on the case(s) on ObamaKare.

When a Justice recuses from a case, that is announced when the Court announces that they voted to hear the case, because the recused Justice doesn't vote on the decision to hear the case. (That is why Kagan's recusal was announced today, together with the Court's decision to hear the Arizona case.) Kagan did not recuse from the vote to hear the Obamacare cases.

30 posted on 12/12/2011 4:53:01 PM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Lurking Libertarian
Thank you.

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

31 posted on 12/12/2011 6:06:19 PM PST by Michael.SF. (When you hear hooves, think horses, not zebras.)
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