Kagan Indicates She’ll Recuse in a 12th Pending Case
When she was up for confirmation, Supreme Court Justice Elena Kagan
provided the Senate with a list of 11 pending cases in which she would
recuse because of her participation as solicitor general. In a routine
order list issued Friday, Kagan indicated she was not participating in
an additional case -- the vaccine liability case of Bruesewitz v.
Wyeth, set for argument Oct. 12. But the government's brief in the
case is signed by Acting Solicitor General Neal Katyal, so why would
Kagan have recused?
