Kagan Must Recuse Herself from Obamacare Case | National Review Online

According to Section 455(b)(3) of Title 28 of the U.S. Code, justices must disqualify themselves in cases where they have “served in governmental employment and in such capacity participated as counsel, adviser, or material witness concerning the proceeding or expressed an opinion concerning the merits of the particular case or controversy.” In United States v. Gipson, the Tenth Circuit held that judges must recuse themselves if they have “previously taken a part, albeit small, in the investigation, preparation, or prosecution of a case.

 By Sen. Jeff Sessions – Bench Memos – National Review Online.

Judge Blocks Release of Recusal-Related Emails Kagan Sent WH —Says They’re ‘Personal’ | CNSnews.com

Judge Blocks Release of Recusal-Related Emails Kagan Sent WH—Says They’re ‘Personal’ | CNSnews.com.

 

 

(CNSNews.com) – U.S. District Judge Ellen Segal Huvelle, a Clinton appointee, has ruled that the Justice Department does not need to release emails Solicitor General Elena Kagan sent from her DOJ email account to people in the White House—in which she discussed her recusal decisions as solicitor general—because the emails were “used for a purely personal objective.”