Kagan Will Recuse in Twelfth Case
by The Federalist Society
Posted September 03, 2010, 1:44 PM
The Blog of Legal Times reports that Justice Elena Kagan has indicated that she will recuse herself in a twelfth case set to come before the Supreme Court, Bruesewitz v. Wyeth, after having announced during the confirmation process that she would recuse herself in eleven pending cases. The reason for the recusal appears to be that she signed a brief filed by the Solicitor General's office in a related case on vaccine liability called American Home Products v. Ferrari. On the other hand, Chief Justice Roberts, who had recused himself in earlier stages of Bruesewitz, may once again be participating in the case.