In the particular case of Don’t Ask, Don’t Tell, Kagan’s public statement during her confirmation hearing that she considered the policy “unjust” left her with no choice but to recuse herself under the U.S. Code of Judicial Conduct, which requires federal judges to recuse themselves from cases in which the judge either has a vested personal interest, or has stated a firm public position that would make it impossible for that judge to be impartial in that case.