It does not happen often, but in this case, Supreme Court Justice Elena Kagan suddenly found out that she was in a conflict of interest. The case is about the rights of illegal aliens to post a bond under certain circumstances. Justice Kagan had been involved in this case earlier in her career. That is a big judicial no-no and was just discovered. This new development is an embarrassment for her staff.
As Written By Kevin Daley for the Daily Caller:
Supreme Court Justice Elena Kagan recused herself Friday from a divisive immigration case that was argued in October, after her chambers identified a conflict of interest they inadvertently missed during the pre-argument conflicts audit.
The case, Jennings v. Rodriguez, asks whether illegal aliens have the right to a bond hearing when held by federal authorities for longer than six months. It was originally argued Nov. 30, 2016, when the Court had just eight justices. The case appears to have resulted in an even split, as it was scheduled for reargument after Justice Neil Gorsuch’s confirmation returned the court to its full complement of nine.
Now it appears the case may again result in a four-four split. Clerk of the Court Scott Harris released a letter Friday informing the parties that Kagan discovered she had authorized a filing at an earlier stage of the case while serving as solicitor general in the Obama administration. As a general rule, the justices recuse themselves from cases they were involved with at an earlier stage of their career. Harris explained that the filing eluded notice during the conflicts check conducted by her chambers.
The development is rather embarrassing for the Court, as the justices have reached an advanced stage of adjudication. Jennings was……..
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