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Defense department on-on-board to enhance the chances that it will be struck down while he s also seeking legislative repeal. i still think at the end of the day the one place where i may differ with him is i hope at the end of the day they ll consider telling the court, look, we think it s unconstitutional. one last quick question for you. if this does go to the u.s. supreme court does elena kagan have to recuse herself? i m aware of nothing that would indicate that she has participated in any of this litigation, but i just don t know. all right. walter dellinger, acting solicitor general during the clinton administration, it s been a real pleasure to hash this out with you. thank yo you so much. all right, it is a rare day in the newse s business, a rare rare day when a misspelled name is the story of the day and it s a two-word indictment of politics. coming up next. ....