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Nation tonight about just how deeply Supreme Court justice Elena Kagan may have been involved in defending president Obama's health care law before she joined the bench.
Correspondent Shannon brain is here tonight with that story to be -- Hi -- -- justice Kagan critics reporting to a twenty.
Ten case involving a local health care ordinance -- -- Francisco.
-- was then solicitor general in her office filed an amicus brief in that case advocating on behalf of the president's newly passed health care law.
In May have 2010 after Kagan had been nominated to the Supreme Court.
Principal deputy solicitor general Neal Cotts -- wrote her a memo outlining the cases in which she had quote substantially participated.
The memo specifically mentioned as favorites as the case with this notation quote golden gate and discussed with Elena several times.
Critics argue that as proof that Kagan must recuse herself from considering the health care case now pending at the Supreme Court.
It's not a witch -- when you have her own office.
Saying she substantially participated in that case and in this is not one of these.
-- gray area is where it's -- -- interpretation.
Other court watchers say the 2010 San Francisco case is so distinct from the current case.
That there is no conflict for -- Absolutely different cases absolutely two different sets of issues.
And it does not in any way support the idea that justice -- should recuse herself.
And at this point the arguments are just frankly looking a little desperate.
Kagan is not the only justice under scrutiny and number of democratic lawmakers and organizations have also called for justice Clarence Thomas to step down from the health care case.
Saying his wife's work for group opposing the health care law creates what they call an undeniable conflict of interest.
Earlier this week the court denied a motion by the group freedom watch which is called for -- and refusal she did not participate in that decision.
-- justice John Roberts has acknowledged that caused by outside groups and says he has quote complete confidence in the capability of his colleagues to make their own decisions -- We'll follow what --
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