They are still trying to get her to recuse herself, which almost certainly is not going to happen.
"The top Republican on the House Judiciary Committee said Thursday the Obama administration is fueling speculation about Justice Elena Kagan’s impartiality because it won’t turn over documents detailing her role in crafting the legal strategy to defend the health care law.
Rep. Lamar Smith, the committee chairman, told Attorney General Eric H. Holder Jr. that emails show Justice Kagan took an interest in the case in January 2010, when she was solicitor general, and he demanded to know what role she played between then and March 2010, when President Obama tapped her to sit on the high court.
“The issue is how involved was she in health care discussions between Jan. 8 and March 5. Just as President Nixon had an 18½-minute gap, does Ms. Kagan have a two-month gap?” Mr. Smith said.
Conservative groups have called for Justice Kagan to recuse herself from ruling on the health care case, which the Supreme Court last month said it will consider next year."