Foes Want Kagan, Thomas to Skip Health Care Vote
But don't expect either to do so
By John Johnson,  Newser Staff
Posted Nov 15, 2011 1:59 PM CST
Elena Kagan is sworn in to the Supreme Court last year.   (Getty Images)
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(Newser) – Now that the Supreme Court has decided to rule on President Obama's health care law, expect to see pressure from activists on both sides to get Elena Kagan and Clarence Thomas to recuse themselves, notes the National Law Journal. Already, the decision has called new attention to a story that came out last week from Judicial Watch: On the day of the vote in Congress to pass the law, then Solicitor-General Kagan emailed Justice Department colleague Laurence Tribe, "I hear they have the votes, Larry!! Simply amazing." CNS has the story here the full email exchange here.

Thomas, meanwhile, has been under fire for his wife's ties to conservative groups that oppose the law. It's "unlikely" either justice will skip the case now, given that yesterday typically would have been the day to announce it, writes Tony Mauro of the Law Journal. He also quotes an expert on legal ethics who dismisses the arguments of both judges' critics.