Kagan Starts Work, But Exits for 2nd Case; Proposal Would Allow Substitute Jurist on Top Court
In her first day on the bench on the nation’s highest court today, Supreme Court Justice Elena Kagan was an active, polite questioner.
But she exited as the court was about to hear the second case of the day, because it was one of 25 appeals from which she has so far recused herself, in order to avoid any appearance of a conflict with her former role as U.S. Solicitor General, reports CNN Justice.
The situation provides a reminder of why some have suggested that the U.S. Supreme Court be allowed to appoint a substitute judge, as lower courts already are allowed to do, when a recusal makes it possible for an even number of justices left on the bench to deadlock. Without a substitute judge, a tie vote means that the lower court of appeals ruling preceding the appeal to the nation’s top court remains in effect.
Related coverage:
ABAJournal.com: “Could the Nine Become 10, 11 or More? Sen. Mulls Bill to Let Retired Justices Sit In After Recusals”
ABAJournal.com: “Senator Considers Legislation to Give Retired Justices a New Role”
ABAJournal.com: “Likely Kagan Recusals Highlight Vague Standards for Justices”
ABAJournal.com: “Stevens Says Supreme Court Will Eventually ‘Straighten Itself Out’ “
