Elena Kagan has spent the last year as the Solicitor General of the United States, where she is one of the government’s chief advocates. If she were a Supreme Court justice, she might need to recuse herself from deciding the fate of ObamaCare. “Ms. Kagan would sit as Mr. Obama’s nominee on the nation’s highest Court on a case of momentous Constitutional importance. If there is any chance that the public will perceive her to have prejudged the case, or rubber-stamped the views of the President who appointed her, she will damage her own credibility as a Justice and that of the entire Court.”
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