Kagan would consider health law recusal on a case-by-case basis

The Associated Press: "Responding to a final GOP challenge, Supreme Court nominee Elena Kagan said Monday that she would weigh recusing herself from matters related to the new health care law on a case-by-case basis." The issue was raised as part of questions from Senate Judiciary Committee Republicans regarding "her involvement as solicitor general in defending the health law." The panel is scheduled to vote on the nomination Tuesday. "She told Republicans in written responses to 13 questions that she had no involvement in developing the government's response to the lawsuit and never was asked her views or offered them. ... Kagan reiterated what she said during her confirmation hearings: She intends to recuse herself in cases where she served as lead counsel or played a substantial role." Otherwise, she would make such decisions on a case-by-case basis (Werner, 7/19).

Fox News Live Shots Blog: The GOP panel members' letters asked specifically "about her role as Solicitor General in developing a strategy to defend the federal government from a lawsuit -- still in its preliminary stages -- challenging the health care law that passed earlier this year. It is widely expected that at least one lawsuit against the measure will make it to the Supreme Court in the coming years." A vote by the full Senate on Kagen's nomination is expected sometime before the chamber breaks in early August for its summer recess (Ross, 7/19).

Roll Call: The only question now lingering before Tuesday's Judiciary vote is "whether Sen. Lindsey Graham will break GOP ranks to vote 'yes' on [Kagen's] nomination. If he does back her, the "committee vote will likely mirror the vote for Justice Sonia Sotomayor -- with Graham joining all 12 Democrats in voting 'yes,' while the remaining six Republicans ... vote 'no.' ... Republicans are vowing to push ahead over the next two weeks in the hopes of limiting GOP defections on her final confirmation vote to a handful of moderates" (Stanton, 7/19).

The Hill: Meanwhile, in other Capitol Hill news, AARP is "throwing its weight behind states' push for more federal Medicaid dollars." The organization sent a letter to every member of Congress Friday, warning that "failure to provide the additional funding next year 'will harm millions of Americans' — particularly low-income seniors for whom Medicaid is often the only coverage option. ... Congress had increased the federal share of Medicaid funding as part of last year's economic stimulus bill, but that money expires at the end of this year — halfway through the budget year of most states." Many governors have warned that without an extension of this funding they will be forced to make dramatic cuts in their state budgets (Lillis, 7/19).