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Elena Kagan confirmation could affect cases
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Elena Kagan confirmation could affect cases
By The Associated Press Associated Press 0
Published: June 14, 2010
WASHINGTON — 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.
Without her, the government and anti-tobacco advocates could find it difficult to find a fifth vote to allow the government to seek $280 billion of past tobacco profits and $14 billion for a national campaign to curb smoking.
The justices are expected to consider whether to take up the tobacco lawsuit June 24. Kagan might eventually have to excuse herself from two to three dozen cases during the next few years.
Her anticipated absence could affect several important cases, including Obama's health care legislation, should it come to the Supreme Court.
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Posted on Monday, June 14, 2010 (Archive on Monday, June 21, 2010)
Posted by sandy.ruble Contributed by
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