Kagan Presence to Be Felt by Her Absence in First Court Term
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Elena Kagan may make her mark in her first U.S. Supreme Court term less by her presence than by her absence.
Kagan has disqualified herself in 20 of the 38 cases on the court’s calendar because she took part in the litigation as U.S. solicitor general. The 20 include some top business cases: a fight over sanctions on employers for hiring illegal aliens, a clash between manufacturers and discount stores over the multibillion-dollar “gray market” in imports and disputes over consumer suits against automakers and drug companies.