Court won't hear arguments demanding Kagan recusal WASHINGTON (AP) - The Supreme Court won't hear arguments from a conservative watchdog group that wants Justice Elena Kagan disqualified from deciding the constitutionality of President Barack Obama's national health care overhaul. Freedom Watch asked the high court for time to demand Kagan's recusal or disqualification during arguments on the Patient Protection and Affordable Care Act. Justices, who will be hearing more than five hours of arguments on the health care overhaul, rejected the request without comment. Kagan, who was solicitor general under Obama, did not participate in the decision.