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Supreme Court Turns Down First ObamaCare Challenge

Kagan may not recuse herself from cases involving health reform

By the Associated Press

Posted Nov 8, 2010 3:35 PM CST

(AP) – The Supreme Court has turned down the first preliminary challenge to President Barack Obama's health care overhaul. The decision to reject an appeal from a former Republican state lawmaker in California was no surprise because a federal appeals court has yet to consider the case. The high court almost never reviews cases before the issues have been aired in lower courts. Of more significance is the sign that all the justices took part in rejecting the appeal.

New Justice Elena Kagan, who was Obama's solicitor general before joining the court, refused to say during her confirmation hearings whether she would take part in the court's deliberations over the health care law. The court has noted Kagan's absence in more than two dozen other cases, suggesting that she voted on the health care appeal. Justice Clarence Thomas also apparently voted on the case, despite critics who called on him to step aside since his wife is an outspoken opponent of the law.

Members of the Supreme Court gather for a group portrait at the Supreme Court in Washington, Friday, Oct. 8, 2010. (AP Photo/Pablo Martinez Monsivais)

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COMMENTS

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Showing 3 of 46 comments

diverseattorney

Nov 10, 2010 12:50 AM CST

I am still amazed that we allow idiots to post, but oh this is still a free country. Edct, get a "clue' he was elected by the majority of the country, if you didn't you get your chance again 2012,otherwise make plausiable arguements and "not spilled milk, whinining talking points." If you should care to read the document you will see that there is a point for every American( are you one) that doesn't have a big corporation as a employer( like you). I am self employed and work for myself, for my family and community. You on the other hand have no life and if the world ended today, you would probably put it on the Dems as the culprit. Get a life and let the grown ups deal with real issues with some real discussions!

tomodachi

Nov 9, 2010 1:04 AM CST

The republican minded SC turned DOWN the republican hate agenda of ObamaCare... OMG!

Were the radical republicans... WRONG????

Cher

Nov 8, 2010 11:12 PM CST

"The court has noted Kagan's absence in more than two dozen other cases," Looks like Kagan is doing the same thing her former boss did when he was in the Illinoise legislature. Just vote absent or be absent. Kagan has only been on the SC for a short time. I wonder why she even bothered if she didn't mean to take her job seriously and at least show up.

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Barack Obama • health care reform • Clarence Thomas • US Supreme Court • Elena Kagan • ObamaCare

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Supreme Court Turns Down First ObamaCare Challenge

Kagan may not recuse herself from cases involving health reform

OTHER STORIES ON OUR RADAR

Barack Obama • health care reform • Clarence Thomas • US Supreme Court • Elena Kagan • ObamaCare

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