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Debate heats up over whether Kagan should participate in Supreme Court’s health care law ruling

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With just weeks until the U.S. Supreme Court considers the constitutionality of President Obama’s health care law, there are new calls for Justice Elena Kagan to recuse herself from the case.

Her critics point to a 2010 case regarding a San Francisco health measure, in which then-Solicitor General Kagan’s office filed an amicus brief touting the newly passed health care law.

In May 2010, after Kagan had been nominated to the nation’s highest court, Principal Deputy Solicitor General Neal Katyal sent her a memo outlining the cases in which she had “substantially participated.” Kaytal specifically referenced the Golden Gate case, noting that it had been “discussed with Elena several times.”

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