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Curious Kagan Recusals

Justice Kagan has been recused (presumably by herself, though the Court doesn't say) from two habeas cases from the Ninth Circuit: Harrington v. Richter, No. 09-587 (California) and Premo v. Moore, No. 09-658 (Oregon).  The reason for recusal is not immediately apparent.  Court-watchers all expected her to recuse in cases where the United States was a party or had filed a brief while she was SG, but there is no U.S. amicus in either of these cases.  (Both are noncapital murder cases, BTW.)

Here are links to CJLF's briefs in the cases: Richter; Moore.

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