WASHINGTON (AP) — Justice Elena Kagan has stepped aside from the Supreme Court’s consideration of a case involving the rights of immigrants who are detained while the government considers deporting them.
Court clerk Scott Harris says in a letter Friday that Kagan belatedly discovered that she authorized a court filing at an earlier stage of the case when she was serving in the Justice Department.
Justices typically take themselves out of cases if they’ve played even a minor role at any point.
There now will be eight justices to decide the issue. The court has heard arguments twice. The first round, in 2016, was inconclusive. That was before Neil Gorsuch joined the court.
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The justice listened to new arguments last month.
It’s unclear whether Kagan’s absence will affect the outcome.