The Supreme Court on Monday denied a request for debate over whether Justice Elena Kagan should recuse herself from the health care reform case due to be argued in March.
Freedom Watch, a group led by Larry Klayman, asked the court for permission to file a brief on Kagan’s participation in the case. The court on Monday denied the request without comment, though it did note that Kagan did not participate in the discussion.
Both Kagan and Justice Clarence Thomas have faced calls for their recusals from the case. Opponents of the law argue Kagan should not participate because she was solicitor general during the passage of the law.