Justice Elena Kagan might have angered some conservatives when she chose not to recuse herself from Monday's decision not to fast-track the high court's review of Virginia's challenge to the health care reform law. But it's really not surprising she didn't—or that some people are upset about it—political pundits say.
It's all part of the bigger political game, says Adam Winkler, a professor of law at UCLA.
"This is not surprising that questions were raised about Justice Kagan's participation in the case," Winkler says. "This is a common political game, and both sides play it in the hopes of bringing some public pressure to some justices to recuse themselves."
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