http://www.washingtontimes.com/news/2011/nov/14/court-announcement-raises-recusal-questions-kagan-/
The Supreme Court’s announcement Monday that it will hear challenges to President Obama’s health care law put a spotlight on Justice Elena Kagan, who worked in the administration while the law was being written and, conservatives argue, helped craft its legal defense.
“Before the Supreme Court case is heard, we need to know if Justice Elena Kagan helped the Obama administration prepare its defense for Obamacare when she was solicitor general. The Justice Department must answer serious questions about whether Justice Kagan has an inherent conflict of interest, which would demand that she recuse herself from the Obamacare case,” said Rep. John Fleming, Louisiana Republican.
At the same time, liberal groups and Democrats in Congress have been pushing for months for Justice Clarence Thomas to recuse himself, citing his wife’s stated opposition to the law as an indication that he cannot rule impartially.