In its notice, the court said Justice Elena Kagan had recused herself from the decision to take the case. Justice Kagan has come under fire for not recusing herself from the decision to hear challenges to the new health care law. She was Mr. Obama’s solicitor general from March 2009 up through May 2010, though she stopped taking part in cases in March 2010 so she would preserve her ability to hear them as a justice. The health care law was signed in March 2010. Arizona’s immigration law passed in April 2010. http://www.washingtontimes.com/news/2011/dec/12/supreme-court-will-hear-arizona-immigration-law-ca/ So what is the difference between the immigration bill and Obamacare? Someone care to explain why she recused from immigration but not Obamacare both of which she worked on!