Almost as soon as Justice Kagan was nominated to the Supreme Court, conservatives unleashed a volley of liesclaiming that she is required to recuse herself from the lawsuits challenging the Affordable Care Act. Although Kagan previously served as Obama’s solicitor general, she is only required to recuse herself from cases where she actively participated as a lawyer in that very same case — simply working in the same office as a lawyer who worked on the ACA litigation doesn’t cut it.
Nevertheless, former Minnesota Gov. Tim Pawlenty used Kagan’s recusal from a case she actually did work on as solicitor general as an opportunity to misrepresent her recusal obligations:
Nevertheless, former Minnesota Gov. Tim Pawlenty used Kagan’s recusal from a case she actually did work on as solicitor general as an opportunity to misrepresent her recusal obligations:
