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Justice Kagan Recuses Self As Supreme Court Takes Up Arizona Immigration Law

Noah Rothman
PoliticOlogy

The Supreme Court of the United States announced that it will hear arguments on the controversial anti-illegal immigration law in Arizona known as S.B. 1070. President Obama’s most recent SCOTUS appointee, Justice Elena Kagan, has announced that she will recuse herself from the case.

Kagan had been Obama’s Solicitor General when the federal government led the lawsuit against the state of Arizona.

S.B. 1070 allows law enforcement to check the immigration status of individuals who are subject to routine police inspection, as in the case of a traffic stop. Critics say that the law violates the civil rights of citizens of Arizona. A lower court struck down the law, but the state's appeal has the support of 11 other states including Alabama, which earlier this year instituted its own controversial illegal-immigration statue.

Kagan is under pressure to recuse herself from the pending case against the government when they hear arguments against the Affordable Care Act (AKA Obama’s healthcare reform effort). Kagan was heavily involved in the government’s efforts to draft and pass that law and some suspect that could constitute a conflict of interest in her role as a neutral Supreme Court Justice.

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