Supreme Court nominee Elena Kagan smiles on as she takes...

Supreme Court nominee Elena Kagan smiles on as she takes her seat on Capitol Hill in Washington. (June 28, 2010) Credit: AP

WASHINGTON (AP) — Republican Sen. Orrin Hatch, an opponent of the recently enacted health care overhaul, says Justice Elena Kagan should not take part in the widely expected Supreme Court consideration of the new law.

Hatch's call is part of the broad legal and political maneuvering on both sides for the most favorable conditions surrounding court review of President Barack Obama's signature domestic policy accomplishment.

Hatch said he is sure that Kagan participated in discussions about the law and challenges to it while she served in the Justice Department as Obama's top Supreme Court lawyer. Hatch told Fox News that he believes Kagan "should recuse herself," although he noted the justice alone will make that determination.

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Trendy back-to-school fashion ... Latest on Hofstra contract negotiations ... What's in store with weather Credit: Newsday

Inside look at NUMC's aging infrastructure ... District spent nearly $1M to fire teacher ... Suffolk town's ICE plans ... Trendy back-to-school fashion

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