As the Supreme Court prepares to hear the biggest case of the term, controversy has cropped up as to who the hearers should be. Senate Republicans are pressing for Justice Elena Kagan, former solicitor general for the Obama administration, to recuse herself from the hearings, while House Democrats want Justice Clarence Thomas to remove himself from the decision, citing his wife’s well-known work for conservative causes, including a stint with former House Republican leader Richard K. Armey and for the Heritage Foundation. More likely than not, however, both Justices will play an active role in the hearing. Says Florida Attorney General Pam Bondi (R), “Those questions are up to the individual justices themselves, and all indications are that all nine justices will participate in this case.”

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