Elena Kagan POLL: Should She Step Aside on Health Care Reform?

(CBS) Conservatives, many of whom opposed the nomination of Supreme Court Justice Elena Kagan, now have a new reason to criticize her.

On Monday, Kagan decided to not recuse herself in a case tied to President Obama's health care law. She joined a unanimous decision not to hear the case because it had not passed through lower courts.

Why would Kagan consider recusing herself?

Because she served as Mr. Obama's solicitor general, which means she could have been involved in the president's legal strategy to defend the law.

But Kagan insists that she wasn't.

During confirmation hearings, the 50-year-old New York native said she had sat in on at least one meeting where the topic was briefly discussed -- but claimed she wasn't asked for her legal opinion, nor did she give one.

Kagan said she would recuse herself from cases that she has ruled on, or offered substantial legal opinions about. Any others, she said, would be decided on case-by-case basis.

Justices are asked to use their own judgment when recusing themselves from cases.

For now, Kagan appears to have given herself a clean bill of health to rule on the health care bill.