Kagan should recuse from Obamacare case

Published



There has been much criticism lately that Supreme Court justices do not follow the ethics statutes and rules that govern other federal judges.

In particular, people focus on when Supreme Court justices should disqualify (or “recuse”) themselves from a case. Chief Justice Roberts recently responded; he conceded that the Code of Conduct for Federal Judges does not apply to Supreme Court justices, but he assured us that the justices voluntarily follow this code, along with the federal statues, federal advisory opinions and court precedent.

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