FILE - In this Oct. 8, 2010, file photo the Supreme Court's newest member, Associate Justice Elena Kagan, is seen during a group portrait at the Court in Washington. Conservative interest groups and Republican lawmakers want Justice Kagan off the health care case. Liberals and Democrats in Congress say it's Justice Clarence Thomas who should sit it out. Neither justice is budging ? the right decision, according to many ethicists and legal experts. (AP Photo/Pablo Martinez Monsivais, File)