A Kagan Recusal

When President Obama and his then Solicitor General Elena Kagan failed miserably in Citizens United v. FEC, it was Kagan who tried to stem the damage already done by the Governments’ argument that they could ban books and thus political speech. Solicitor General Kagan was the face of Obama’s ultimate failure in Citizens United. That is why it is so odd she was a dissenter in the summarily reversal of the Montana Supreme Court’s decision in American Tradition Partnership, Inc. v. Bullock.

Supreme Court Justice Elena Kagan should have recused herself from the case. She obviously had a bias, and she no doubt felt heat for losing the Citizens United case in 2010. As with Obamacare, Elena Kagan had been in the room when both political and policy decisions were being made. The morally right thing to do was to recuse herself, but I guess politics trumps morals when it comes to Justice Kagan.