A Recusal Red Herring

by Gary Marx

In yesterday’s Politico, we discovered that 74 House Democrats have asked Supreme Court Justice Clarence Thomas to recuse himself from any Obamacare cases, citing reports that his wife financially benefited from efforts to repeal the legislation’s unconstitutional mandate. The signers of the letter include a who’s-who of liberal members trying to find a new voice now that they are out of power.

The members, led by Rep. Anthony Weiner (D., N.Y.), have made a laughable attempt to obscure the real recusal problem — which involves Justice Elena Kagan — with a classic red-herring. As JCN has documented going back to Kagan’s summer confirmation hearings, she was solicitor general during the health-care debate and so the real issues of conflict lie directly with her. For more, see my colleague Carrie Severino’s previous post on Kagan and recusal here.

Bench Memos

NRO’s home for judicial news and analysis.