It's a simple matter of math: Elena Kagan's nomination to the Supreme Court has complicated the government's effort to force the tobacco industry to cough up nearly $300 billion.That's a good reason not to confirm her.
If confirmed by the Senate as a justice, Kagan would have to sit out high court review of the government's decade-old racketeering lawsuit against cigarette makers. That's because she already has taken sides as solicitor general, signing the Obama administration's Supreme Court brief in the case — an automatic disqualifier.
Kagan is expected to step aside from 11 of the 24 cases the court has so far agreed to hear beginning in October.
Sunday, June 13, 2010
Kagan's work as a top government lawyer would affect tobacco case if she joins Supreme Court
The Washington Examiner reports: