The WaPo reports here on possible legislation to allow a retired U.S. Supreme Court justice to sit in place of a justice who has recused himself or herself from a case. This could come into play in the multiple cases from which Justice Kagan will be recused. The sticky question is how the substitute justice would be chosen in a particular case. As James Sample, quoted in the article, puts it: “The challenge is that it’s so difficult to divorce discussion of the proposal from the individual justices who might end up replacing the recused justices.”