Supreme Court rejects call for debate over Kagan's recusal

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Her absence from Monday's order does not indicate that Kagan is likely to heed calls for her recusal. She has taken part in all of the procedural decisions related to the healthcare challenge itself.

Conservative groups say Kagan should sit out the case because she led the office that began preparing the Obama administration's healthcare defense before she was tapped for the high court.

Freedom Watch said in its brief to the Supreme Court that Kagan's participation in the healthcare case would undermine the court's credibility.

Recusal decisions are left to the justices to make, and Chief Justice John Roberts has said he has full confidence in each justice's ability to make that judgment.