Supreme Court Justice Elana Kagan should not have to recuse herself from the pending proceedings over ObamaCare's legality before the United States Supreme Court.
I understand the law that requires judges and justices to sit out and not participate in certain cases is in her favor and allows her to rule on Obamacare.
The law is cited as 28 § U.S.C. § 455, and the law is called "Disqualification of justice, judge, or magistrate judge"
It includes, among other things:
"(a) Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.
(b) He shall also disqualify himself in the following circumstances:
(1) Where he has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding;
(2) Where in private practice he served as lawyer in the matter in controversy, or a lawyer with whom he previously practiced law served during such association as a lawyer concerning the matter, or the judge or such lawyer has been a material witness concerning it;
(3) Where he has 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 in controversy;
(4) He knows that he, individually or as a fiduciary, or his spouse or minor child residing in his household, has a financial interest in the subject matter in controversy or in a party to the proceeding, or any other interest that could be substantially affected by the outcome of the proceeding; ..."
There is more, but I think the referenced law above should suffice it to say "Elana Kagan can participate in ruling on the Constitutionality of ObamaCare."
The law expressly only applies to the male judges, and not the female judges. It says "he" or "himself". It does not say "her" or "herself".
You are in the clear Judge Kagan. Rule away!