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Posted by John Steele at 09:47 AM | Permalink
If she participated personally and substantially in the Gill case or any other case as a lawyer, she can't decide it as a judge. She is, however, free to decide the DOMA issue in any other case.
If she recuses from a case and the Court splits 4-4, DOMA is probably history.
Also I question the wisdom of the Court granting cert in a DOMA case when Justice Kagan would recuse and there are other cases in which she would not recuse.
Richard Painter |
November 05, 2012 at 07:25 PM
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