U.S. Supreme Court

Kagan Recusals Have Little Impact, But Her Cafeteria Role Makes Her the Frozen Yogurt Justice

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Fears that Justice Elena Kagan’s 26 recusals would lead to a series of tie votes have not materialized.

So far, the court has decided 19 cases without Kagan and just one resulted in a tie, the Associated Press reports. The split occurred in a copyright battle between Swiss watchmaker Omega and Costco, which was able to sell Omega watches below retail because it bought them at a discount overseas. The tie left intact a federal appeals court ruling favoring Omega.

In the other 18 cases, no more than two justices dissented.

Kagan’s recusals stem from her work as U.S. solicitor general. Of the remaining undecided cases in which she recused, the most important ones concern Arizona’s employer sanctions for hiring undocumented workers and the federal government’s material witness law, the story says.

Meanwhile, Kagan is having a big impact in her role on the court’s cafeteria committee, according to AP. At a Harvard Law School reunion, she said she is now known as the frozen yogurt justice because she helped bring a machine for the dessert to the lunchroom. At Harvard, she was known as the coffee dean for providing free coffee at the school.

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