Elena Kagan Recuses Self from 21 Pending Supreme Court Cases
October 2nd, 2010 - 2:59 am ICT by Angela Kaye MasonOct 1 (THAINDIAN NEWS) As Elena Kagan was sworn in as the Supreme Court’s newest member, it was suspected that she would need to recuse herself from a few cases, since she had served as an advocate on some of them as Solicitor General for the US, and would therefore would be conflicted in those particular cases.
What was not suspected was that she would remove herself from half of the cases for the upcoming term, which would give her a smaller caseload than the other justices. It also means that many of the rulings which are being appealed could just stand as they are. Here is why:
For the cases which Kagan has removed herself from, that will leave a total of eight justices, unless a recusal contingency plan is created. In cases where the result is a 4-4 tie, the ruling will simply stay as it is, changing nothing, and wasting a great deal of time and money.
One of the highest profile cases in which this could happen due to Elena Kagan recusing herself is ‘Chamber of Commerce vs Whiting’, in which the power of the states to regulate the hiring of illegal aliens in their own jurisdiction is being questioned.
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Tags: advocate, caseload, chamber of commerce, contingency plan, elena kagan, illegal aliens, jurisdiction, pending supreme court cases, profile cases, solicitor general, supreme court cases, time and money, whiting
