Justice Kagan Recuses Herself in Arizona Business Licensing Case

 
Robert Barnes of the Washington Post reports that new Supreme Court Justuce Elena Kagan has recused herself from 25 of the 51 cases the court has accepted so far this term, all as a result of her tenure as Solicitor General for the Obama administrtaion.  For further analysis of the recusals, see SCOTUSBLOG.  “Kagan is recusing herself from cases in which she had a role in drafting a brief for the Supreme Court, or when she was actively involved in a case in the lower courts.”

Kagan’s absence may affect the review of review of Arizona’s attempt a few years ago to deny business licenses to the employers of undocumented immigrants.   Decision in that case (Chamber of Commerce v. Whiting) in turn may affect the judicial fate of the state’s subsequent SB 1070 as well as other state and local attempts at immigration regulation.

KJ