Supreme Court Justice Elena Kagan has supported ObamaCare in the past. She cannot sit on the Supreme Court and vote on the constitutionality of it. She cannot according to 28 USC 455, Supreme Court justices must recuse from "any proceeding in which his impartiality might reasonably be questioned" and if they have at any time "expressed an opinion concerning the merits of the particular case in controversy" while he or she "served in governmental employment."
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