FILE - In this Oct. 8, 2010 file photo, Associate Justice Clarence Thomas is seen during the group portrait at the Supreme Court Building in Washington. Liberals and Democrats in Congress want Justice Thomas off the health care case. Conservative interest groups and Republican lawmakers say it's Justice Elena Kagan 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)