Questions continue to arise about the propriety of having Justice Elena Kagan hear a constitutional challenge to Obamacare. Kagan was the Obama administration’s solicitor general for 14 months, and as the Department of Justice (DOJ) website puts it, “The task of the Office of the Solicitor General is to supervise and conduct government litigation in the United States Supreme Court.” The question, therefore, is whether Kagan would need to recuse herself from any Obamacare case due to any prior involvement in trying to anticipate challenges to the overhaul’s constitutionality and potentially giving advice on how to circumvent those. 

At NRO, Carrie Severino writes,