With this case, there is a wild card: Justice Elena Kagan may recuse herself (not participate in the decision) because she was previously involved with the Gill case as Solicitor General.

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The game opens back on Pandora, a planet with a Wild West mentality and penchant for outlaw justice.

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"The next justice must understand that federalism is not a code word for Eliot Spitzer running wild, " Greve said.

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