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Would Kagan Recuse in a SCOTUS Protest Case?

The Justice Department is hoping to maintain the no-protest buffer zone around the Supreme Court. The DOJ is currently prosecuting a man in federal court for demonstrating on the court’s spacious front plaza.

As this is happening, the court has continued to strike down buffer zones as unconstitutional, most recently in cases concerning military funerals and abortion clinics.

This case could theoretically reach the high court, which begs the question: would Justice Kagan, a former Justice Department employee as U.S. solicitor general, recuse herself should that happen? Probably not, but then again, the ban on demonstrations in front of the court shouldn’t exist in the first place.

Fix the Court believes that the justices, in the interest of being consistent with the First Amendment, should not prevent the public from congregating on the spacious plaza in front of the building – and they can allow such demonstrations without compromising their safety.

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