A Liberal's Lament on Kagan and Health Care
Doing the right thing is easy when nothing important is at stake. Doing the right thing is much harder when there is a lot to lose. Elena Kagan is a loyal Democrat who owes her Supreme Court appointment to President Barack Obama.* She is poised to review the constitutionality of Obama’s health care statute, which, if invalidated, might do serious damage to his re-election campaign as well as the Democratic Party. Even though it would be a hard decision to make, Elena Kagan should recuse herself from hearing challenges to the act.
Eric J. Segall, A Liberal's Lament on Kagan and Health Care, Slate (Dec. 8, 2011), available at http://www.slate.com/articles/news_and_politics/jurisprudence/2011/12/obamacare_and_the_supreme_court_should_elena_kagan_recuse_herself_.html.
Institutional Repository Citation
Segall, Eric J., "A Liberal's Lament on Kagan and Health Care" (2011). Faculty Publications By Year. 70.