Kagan would have to recuse in many cases.

[no_hypocrisy]

Kagan is expected to step aside from 11 of the 24 cases the court has so far agreed to hear beginning in October.

-snip-

A justice's decision not to participate in a case, called a recusal, can have a dramatic effect on a nine-person court. The court has split 4-4 on several occasions in recent years when justices did not take part in a case because they owned stock in an affected company, had a relative involved in some way or had participated in the case either as a lawyer or judge.

-snip-

Kagan might eventually have to excuse herself from two to three dozen cases over the next few years. When Thurgood Marshall moved directly to the court from solicitor general in 1967, he did not take part in a majority of the cases the court heard in his first term, said Thomas Goldstein, a Washington lawyer and Supreme Court expert.

-snip-

But Kagan's anticipated absence could affect several important cases. It won't be known for some time whether she did enough legal work defending President Barak Obama's health care legislation to require her to step aside if and when that issue comes to the Supreme Court.

Appeals in civil lawsuits over anti-terror policies begun in the Bush administration and, in some cases, continued under Obama, could be affected.


http://hosted.ap.org/dynamic/stories/U/US_KAGAN_ON_THE_SIDELINES?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT

[snagglepuss]

1. K & R nt

[Kurt Remarque]

2. horridly conflicted wingnut supremes never recuse themselves

check out bush vs. gore

[Traveling_Home]

3. Since these cases will never come up in front of her ....

she should be able to give a complete and transparent accounting of her views and positions. None of this "I can't comment in case that ever comes before the court".

[gratuitous]

4. If Scalia can rule on cases involving his hunting buddy

I see no reason for Kagan to recuse herself based on the precedent (you should excuse the expression) set by Fat Tony.

[onenote]

5. different situations entirely

Yes Scalia should've recused himself because of an appearance of potential bias. However, the Kagan situation is different. She has participated in these cases as an advocate for one side. She can't now sit as a justice to rule on whether her arguments as a litigant should or shouldn't prevail.