13
Jun
10

Kagan Confirmation Would Affect Major Tobacco Case

It’s a simple matter of math: Elena Kagan’s nomination to the Supreme Court has complicated the government’s effort to force the tobacco industry to cough up nearly $300 billion.

If confirmed by the Senate as a justice, Kagan would have to sit out high court review of the government’s decade-old racketeering lawsuit against cigarette makers. That’s because she already has taken sides as solicitor general, signing the Obama administration’s Supreme Court brief in the case — an automatic disqualifier.

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