At SCOTUS Blog, Lyle Denniston offers a thorough analysis of the possible recusal of Justice Kagan in the DOMA litigation. Following up on that, Dorf on Law offers a few thoughts on the issue.
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November 05, 2012
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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.
Posted by: Richard Painter | November 05, 2012 at 07:25 PM