US Supreme Court justices Elena Kagan and Clarence Thomas are reportedly unlikely to recuse themselves from next year’s ruling over the constitutionality of Barack Obama’s health care reforms.
There have been calls from some critics for both Elena Kagan and Clarence Thomas to recuse themselves. But while it would such a move would usually be announced at the time that the court confirms it will take a case, no such statements were made earlier this week.
The judgement could be hugely politically sensitive since it will come as the US presidential campaign starts to hot up. If Obama’s health care law is deemed constitutional, his re-election hopes will be boosted. But if the law is knocked back by the Supreme Court, Obama’s campaign could be seriously damaged.