26
Nov
11

Thomas, Kagan Asked to Sit Out Health Care Case

Conservative interest groups and Republican lawmakers want Justice Elena Kagan off the health care case. Liberals and Democrats in Congress say it’s Justice Clarence Thomas who should sit it out.

Neither justice is budging — the right decision, according to many ethicists and legal experts.

None of the parties in the case has asked the justices to excuse themselves. But underlying the calls on both sides is their belief that the conservative Thomas is a sure vote to strike down President Barack Obama’s health care law and that the liberal Kagan is certain to uphold the main domestic achievement of the man who appointed her.

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