Supreme Court Justice Elena Kagan appeared to sit in on the high court’s first decision on President Barack Obama’s health care overhaul, The Washington Post reported Tuesday.
It wasn’t evident Monday whether Kagan recused herself from participating in the court’s decision not to hear a challenge to the health care law, which became law when she was Obama’s Solicitor General. Her participation could mean that she does not see her role in the Obama administration as a reason to exclude herself from cases on the health care revamp, according to The Post.
Kagan said at her confirmation hearings in June that she didn’t participate in Justice Department work on the health care plan. But she declined to say whether she would recuse herself from cases before the Supreme Court on the health-care overhaul.
The justice has already recused herself from 25 cases that the court will take up this term, according to The Blog of Legal Times.