Sen. Hatch: Kagan Should Sit Out Health Care Case

February 4, 2011 - 4:00 PM

Washington (AP) - Republican Sen. Orrin Hatch, an opponent of the recently enacted health care overhaul, says Justice Elena Kagan should not take part in the widely expected Supreme Court consideration of the new law.

Hatch's call is part of the broad legal and political maneuvering on both sides for the most favorable conditions surrounding court review of President Barack Obama's signature domestic policy accomplishment.

Hatch said he is sure that Kagan participated in discussions about the law and challenges to it while she served in the Justice Department as Obama's top Supreme Court lawyer. Hatch told Fox News that he believes Kagan "should recuse herself," although he noted the justice alone will make that determination.