Federal law (28 U.S.C. 455) clearly stipulates the grounds for judges to disqualify themselves in cases. Prior to being name to the Supreme Court, Kagan worked as Solicitor General to get Obamacare passed. This clearly disqualifies her in the ObamaCare case due to her bias on this issue.
As it stands now, the Supreme Court's ObamaCare decision will be legally illegitimate because one of its members is not qualified to participate in the decision.
By law, Kagan must recuse herself. But she has refused.
We are on the verge of witnessing a legal travesty of monumental proportions. Elena Kagan's participation in next week's ObamaCare hearings holds the potential to make the Court's ruling illegitimate.