Judge Kagan to Recuse on Obamacare?

A story that is circulating and causing much anger amongst conservatives (and for totally opposite reasons, liberals as well) Supreme Court Justice Elena Kagan sent an excited email to a Harvard Law professor stating that "they have the votes" for Obamacare.  Justice Kagan sent a series of emails discussing the passage of Obamacare aka Patient Protection and Affordable Care Act in March of 2010.  “I hear they have the votes, Larry!! Simply amazing,” Kagan said to Tribe in one of the emails.  "Larry" is Harvard Law professor Larry Tribe.  Kagan served as Solicitor General for President Obama prior to being nominated and confirmed as Supreme Court Justice.  The concern, of course, did Kagan help write the defense of Obamacare?  If so, she must recuse herself.

8 USC 455, a Supreme Court justice must recuse from “any proceeding in which his impartiality might reasonably be questioned.”  If as Solicitor General, Justice Kagan helped draft a defense of Obamacare, she must recuse herself from deliberations on this lawsuit.  Of course, the above Harvard Law professor is defending Kagan.  He is stating Kagan should not have to recuse herself even in face of evidence she cannot be impartial.  This also flies in the face of her questioning before Senate Republicans during the confirmation process.  She stated emphatically she could be impartial in deliberations on the lawsuits against Obamacare.  Now, liberal groups are stating that Clarence Thomas should recuse himself as well.  The rationale for that is that Justice Thomas's wife has been quite vocal in her opposition to Obamacare.  Last time I checked, a Supreme Court Justice is not confirmed for a seat on the US Supreme Court based on the opinion of their spouse.  If we go this route, every married justice serving would have recuse him or herself because of what their spouse might say or think.  Of course, this is ridiculous.  Justice Kagan, however, must recuse herself based on the emails.  She cannot be impartial,.