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:
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.

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.


That's a good reason not to confirm her.