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Supreme Court Won't Hear Arguments on Kagan Recusal

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WASHINGTON (AP) — The Supreme Court won’t hear arguments from a conservative watchdog group that wants Justice Elena Kagan disqualified from deciding the constitutionality of the Patient Protection and Affordable Care Act of 2010 (PPACA).

Freedom Watch, Washington, had asked the high court for time to demand that Kagan either recuse herself or be disqualified from hearing arguments on challenges PPACA.

Two controversial PPACA provisions would require many individuals to own and many employers to offer health coverage. Other PPACA provisions would require carriers to provide coverage on a guaranteed-issue, mostly community-rated basis.

Actuaries and health insurers have argued that the individual coverage ownership mandate is necessary to avoid creating a situation in healthy people would go without paying for health coverage most of the time and sign up for coverage only when they were sick.

The Supreme Court justices expect to hear more than 5 hours of arguments on PPACA.

The justices rejected the Freedom Watch request that Kagan be disqualified without comment.

Freedom Watch has argued that, because Kagan was the solicitor general under President Obama, she has a potential conflict of interest when it comes to matters pertaining PPACA.

Kagan did not participate in the decision to reject the request Freedom Watch made for her recusal.

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